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(영문) 광주지방법원순천지원 2020.12.11 2020고단1326
교통사고처리특례법위반(치사)
Text

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

except that 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

On December 26, 2019, the Defendant, who is engaged in the driving of the Daccccck freight truck, driven the above cargo vehicle on December 14:30 on December 26, 2019, was driving three lanes in front of the Dck station in the Sck-si.

At that time, the land level was milched with the lower surface, and the victim E (the South and the age of 79) is driving at a speed and method that does not cause any danger and injury to others, as the driver was trying to enter the same three-lanes through two-lanes. In such a case, the Defendant, who is engaged in driving duties, has a duty of care to drive the road on the front side of the road in such a manner that he reduces the speed and maintains a safe interval by well examining the traffic situation on the road, etc. on the road, such as the possibility of changing the course of the said private-wheeled land and the possibility of collision with the private-wheeled land.

Nevertheless, the Defendant neglected the foregoing duty to stop in front of the cargo vehicle and the duty of safe driving, thereby proceeding along the three-lanes without speeding, and due to the negligence of entering the two-lanes to three-lanes, and received the foregoing part of the cargo vehicle.

In the end, the Defendant caused the death of victims E due to the occupational negligence such as the multiple dives of the victim E at the same time, and the victim F (n, 68 years of age) who is a member of the same dives of the above dives of the victim.

Summary of Evidence

1. The Defendant asserts that some of the Defendant’s statutory statements do not violate occupational duty of care.

In the front direction of the defendant's progress, it seems that the victims changed the fleet from the first to the second two lanes, and in light of the progress angle, it could have sufficiently predicted the possibility of entering the three-lane, the Defendant's running lane.

The victims are Oralone.

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