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(영문) 전주지방법원 정읍지원 2019.02.14 2018고단571
교통사고처리특례법위반(치사)
Text

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

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 a press van B.

At around 19:10 on September 4, 2018, the Defendant driven the said vans on the alleyway adjacent to the “D cafeteria” in the Go Chang-gun, North Chang-gun, to enter the said cafeterias as the first line.

Since the passage of pedestrians is frequent, in this case, when a person engaged in driving of a motor vehicle is in need of due care to accurately operate the steering gear, steering gear, and brakes, and prevent accidents, the defendant neglected his duty of care to prevent the occurrence of accidents. However, the defendant, while neglecting the duty of care, took the victim E (the 83 years old) who was walking the back of the defendant's knife as a part of the back of the knife of the knife of the above knife, caused the victim to go beyond the victim, and followed the victim E (the 83 years old), who was under the direction of the knife of the knife by driving the motor vehicle.

Ultimately, the Defendant caused the victim’s death by negligence in the course of business as seen above, by damaging scarcity at the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Reports on traffic accidents;

1. The scene, photograph, body, autopsy, and photograph of the deceased;

1. 12 Report on the investigation of the detailed statement of processing the 112 Report (Attachment toCCTV image data) and the images of the CCTV image;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, can pass by pedestrians as a way of delivery and delivery, and the defendant is able to take care to prevent accidents in the same situation, while facing a vehicle behind the vehicle in the future, due to a certain view with a wall.

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