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(영문) 의정부지방법원 2019.03.08 2018고단5337
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 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 two cargo vehicles B.

On July 26, 2018, the Defendant driven the above cargo vehicle around 07:45, and proceeded at a speed of about 83 km from the Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

At this point, the speed limit of the hub length was 60km per hour, and the workers in the first place were engaged in the work on the road on the part of the defendant's moving direction, and thus, those engaged in driving motor vehicles were obliged to observe the speed limit and to prevent accidents by properly manipulating the brake system.

Nevertheless, while the Defendant was negligent in driving at a limited speed exceeding 23 km, the front part of the victim D(68 years old) driving in the direction of the Defendant along the vehicle line of the Defendant, which was driven by the victim D(68 years old) who was driving in the direction of the Defendant, was the front part of the above Defendant's driving.

Ultimately, at around July 26, 2018, the Defendant: (a) caused the death of the Victim F (F, who is the passenger of the foregoing Obaba, by occupational negligence; (b) caused the death of the victim F, who was receiving treatment from a H hospital located in G at the Government-Si of the Gyeonggi-si on July 26, 2018; and (c) caused the victim D’s death by cutting the frame of the body of the middle half that he was receiving treatment at the same H hospital on July 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. On-site photographs;

1. A photograph of each side of the deceased;

1. A death certificate;

1. Requests for appraisal;

1. Application of the Acts and subordinate statutes governing the A-Vehiclebox Babling business CDs;

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

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

1. Selection of alternative imprisonment without prison labor;

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

1. To take lectures and provide community service orders under Article 62-2 of the Criminal Act;

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