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(영문) 의정부지방법원 2018.05.02 2018고단1136
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II freight vehicles.

On September 26, 2017, the Defendant driven the above cargo vehicle around 12:30 on September 26, 2017, and proceeded the front street D in front of the Kangwon Iron-gun with the speed of about 70km per hour at the beginning of the labor range in E-section.

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether the driver of a motor vehicle has a motor vehicle entering the road on the front side and right side by observing the speed limit, and by checking the front side and right side well.

Nevertheless, as long as he neglected to do so and neglected the speed limit of about 10km per hour and neglected the duty to see on the front side, the Defendant entered the farm road from the farm road to the road, and found it late later, and operated the driver's f (78 Dose) driver's cherbing of the victim F (78 Dose) who was on the right right side to the right side of the labor. However, the left side part of the cherb on the left side of the cherb loading of the cherb, which did not stop, led the driver's cherbing of the driver's vehicle.

Ultimately, the Defendant caused the death of the victim G (V, 75 years of age) who was on board the train on account of such occupational negligence as above, and caused the driver F of the passenger transport vehicle to die during the transfer to the hospital. Around 13:45 of the same day, the Defendant caused the death of the victim F of the driver of the passenger transport vehicle at the government-specific sexual hospital of the Tol University.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes to death certificates and death certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act:

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