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(영문) 전주지방법원 정읍지원 2020.06.04 2020고단181
교통사고처리특례법위반(치사)등
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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 freight B and B.

On March 2, 2020, the Defendant driven the above vehicle on March 2, 2026:25, and continued to cross-section the central triangulation distance from the north of the Dong-Eup to the private distance of the same west of the C.

At the time, it was difficult to secure the view due to the safe opening of the dog at night. In such a case, there was a duty of care to ensure the safe operation of the car driver by accurately operating the steering boat and the steering gear while driving the car.

Nevertheless, the defendant neglected this and found the victim D(W, 59 years old) who crosses to the right side on the left side of the running direction of the defendant late, set the hand-on to the left side, and failed to avoid it, and brought the front part of the victim's body side to the front part of the defendant's vehicle without being faced with the driver's vehicle, and continued to stop on the left side of the victim E(36 years old)'s driving car at the top of the right side of the opposite direction of the defendant's driving.

Ultimately, the Defendant caused the victim D’s occupational negligence to die due to the second damage around that time, and caused the victim E to suffer injury, such as knee knee, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. On-site photographs;

1. A corpse of corpse;

1. Video CDs;

1. Notification of results of traffic accident analysis;

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether a suspect is at night at the time of driving);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and imprisonment without prison labor.

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