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(영문) 의정부지방법원 2018.09.07 2018고단2659
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the work of driving a IMM truck in B.

On March 30, 2018, the Defendant driven the above truck on March 10, 2018, and led the front of the city of Speaker to the intersection of the new valley underground vehicular road from the intersection of Songsan to the intersection of the new valley underground vehicular road along the speed of two lanes.

At the time, the vehicle's location has been frequently driven, and thus, the driver of the vehicle has a duty of care to safely drive the vehicle, such as not moving the vehicle on the road when it is likely to obstruct the normal passage of other vehicles.

Nevertheless, due to the negligence of neglecting this, the victim D(81) drive ES125 motor vehicle bicycle front part of the victim D(81) which was proceeding behind the defendant, was placed on the left side of the truck.

Ultimately, the Defendant caused the death of the above victim who suffered multiple traumas due to the foregoing occupational negligence, around 10:45 on March 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. The actual investigation report on traffic accidents;

1. Report on the occurrence of a traffic accident;

1. A corpse death certificate;

1. On-site map;

1. Application of Acts and subordinate statutes to each on-site photograph, a CCTV image-fashion photograph, and a diopio photograph;

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend a vehicle, which was passing through the intersection at the time of the instant crime, and returned to the intersection, and re-confiscing the vehicle using the two-lane road to re-confiscing the right of way, and the victim conflicts with the victim's stobbane, which was going on the said lane during the course of the crime.

(b)the central line;

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