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(영문) 전주지방법원 정읍지원 2018.09.18 2018고단202
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a concrete mixture truck.

On April 24, 2018, the Defendant driven the above vehicle at around 15:50, and proceeded with a ledger-distance road of 484, which was the head of the Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun.

In this case, the driver of the motor vehicle has a duty of care to safely drive the steering gear and brake system by reducing the speed prior to entering the intersection and driving it on the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and continued to enter the intersection without examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Ultimately, according to the above occupational negligence, the Defendant appears to have caused the victim by a scarcity (as a result of the written diagnosis of death (C), the “scarlet trauma” stated in the indictment appears to be a clerical error in the “scarlet trauma”.).

The death resulted in death.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Seven copies of the on-site photographs;

1. Six copies of photographic photographs of a changeer;

1. A death diagnosis certificate (C);

1. A report on investigation (in relation to the intersections of schools);

1. The investigation report (the output of digital operational analysis data);

1. Application of Acts and subordinate statutes to investigation reports (related to causes, etc. for accidents);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommendation [the scope of recommended punishment] according to the sentencing guidelines for the reasons of sentencing in Article 62-2 of the Criminal Act for community service and lecture attendance order is general.

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