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(영문) 전주지방법원 군산지원 2019.10.25 2019고단971
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for 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 dump truck driving.

On June 10, 2019, the Defendant driven the above truck on June 14, 2019, and proceeded to turn to the left at the direction of the E-school from the closed side of the Ysan-si.

At this point, since it is a private-distance intersection where a red flickering light is operated, the driver of the motor vehicle had a duty of care to prevent accidents and drive the motor vehicle safely by accurately manipulating the right and the right after temporary suspension and the right and the right and the right and the right and duty of operation.

Nevertheless, the Defendant, without temporarily suspending the above red on-and-off signal, entered the road as it was, and left left-hand turn, and had the front wheels part of the victim F(72 years of age) driver's license, which is direct from the direction of the school at the time-math E, left-hand, left-hand, left-hand, left-hand, and left-hand, left-hand, sent the victim to the right-hand left-hand part of the truck, and let the victim wear the front-hand part of the Defendant's driver's license.

Ultimately, at around 14:56 of the same day, the Defendant caused the death of the victim due to the low-weight shock, etc. while receiving treatment from H hospitals located in the Hasan-si G on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special sponsers] - The elements of mitigation: Reduction [including serious efforts to recover damage] [the scope of recommendation area and recommendation range] mitigation area, imprisonment without prison labor for up to 4 months [the general person] - Reduction factors: Comprehensive Motor Vehicle Insurance;

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