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(영문) 전주지방법원 정읍지원 2018.11.29 2018고단81
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three 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 a B 6.5 tons truck in Korea.

On December 26, 2017, the Defendant proceeded at a speed of 90km from the Seoul Sea to the breath of 190km, depending on the two-lanes between the two-lanes, the 66.6km away from the west coast Highway, which is located in the west-gun of the North Chang-gun, North Chang-gun.

At the time, there was no good view at night on an expressway, and the Defendant was driving a prior vehicle following the vehicle, so in such a case, there was a duty of care to ensure safety distance while considering the movement of the prior vehicle thoroughly at the time, to ensure safety distance and to prevent accidents by accurately manipulating the steering and operating the steering system.

Nevertheless, the Defendant neglected this and proceeded without viewing the victim C (54) 1 ton cargo vehicles running ahead of the victim C (54) who had been driving prior to the victim's vehicle, and received the rear part of the victim's vehicle as the front part of the defendant's vehicle.

Ultimately, on December 27, 2017, the Defendant caused the death of a victim, who was sent to, and received treatment from, a pre-university hospital located in the Dong-gu, Gwangju-gu, Gwangju-ro 42 on December 27, 2017 due to the foregoing occupational negligence, due to pressure on brain side and brain liver.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. Field photographs, etc.;

1. A death diagnosis certificate (C);

1. Certification Institute for F Cooperatives' Admission (A);

1. A copy of operational records of the skin vehicle;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into an act causing an accident);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures is the defendant's accident.

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