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(영문) 춘천지방법원 영월지원 2019.05.28 2019고단13
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 BFR freight truck.

On June 11, 2018, the Defendant driven the above cargo vehicles around 15:00, and led the roads 296, west-ro, Seocheon-gun, Seocheon-gun, Gangwon-do, to the territorial direction from the west-ro.

At the same time, the road width in the direction is about 3.6m due to road works, where the center line of yellow-ray is not installed. On the other hand, the freight cars of the Defendant are large vehicles with approximately 15.5m a total length of 15m and approximately 2.3m a width of 2.3m a width, and at the same time, there was a duty of care to prevent accidents by accurately manipulating and safely operating steering the steering gear and brakes to the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and did not immediately proceed with the victim's Obaba while leaving the right side of the road, and did not avoid the above victim's right side over the road, and did not go against the above victim's right side part of the cargo vehicle. The Defendant applied the above victim's right side part to the right side of the cargo vehicle.

Ultimately, at around 15:40 on the same day due to the above occupational negligence, the Defendant caused the above victim C to die due to the cerebral cerebral cerebral cerebral Bribery in the E Hospital located in the Chungcheongbuk-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each actual condition survey report, field photograph, aerial photography photography at the scene of an accident, damaged otobane photograph, death certificate, closure photograph, and each measuring photographic statute;

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 selection of

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendations according to the sentencing criteria; and

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