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(영문) 전주지방법원 군산지원 2021.01.27 2020고단1669
교통사고처리특례법위반(치사)
Text

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

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 was engaged in driving of the Grand City Kaympoon on August 1, 2020, while driving the above Kampoon around 16:15 on August 1, 2020, the Defendant continued to drive the two-lane roads in front of the Geum-dong, Simsan-si, Simsan-si, in two-lanes.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering the steering gear.

Nevertheless, the defendant was under a stop in the front bank due to negligence of not operating the brakes properly.

D If the right side side of the Poter cargo flows into the left side of the Poter, it continues without stopping even if it stops in front of the above poter. At the right side of the defendant's running direction, the victim E (V, 72 years old) on the road was taken into front part of the Poter and turned back to the back side of the driver's seat.

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above due to the diversified damage, etc. in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes on the occurrence of a traffic accident, a traffic accident report, a traffic accident scene report, a photo, a body inspection report, a photograph of the 7th rear images of the K7th vehicle, a photograph of the Gnland Kabbbbs, and a photograph to cut off the flaf image;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is nothing more than emphasizing the duty of care to ensure that drivers are obliged to observe road traffic laws and to prevent accidents from occurring.

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