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(영문) 전주지방법원 2015.04.21 2015고단93
교통사고처리특례법위반
Text

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 of fixed cargo C.

On December 2, 2014, the Defendant driven the above cargo vehicle around 15:50 on December 15, 2014, and was cut to the front line of the E, which is located in Seojin-gu, Seojin-gu, Jeonju, and proceeded to the jump gate from the edge of the wedding.

At this point, the road is narrow and there is no distinction between the roadway and India. In such a case, the driver has a duty of care to prevent accidents and drive safely by accurately operating the brake and steering gear.

Nevertheless, the defendant neglected the above duty of care and caused the victim F (year 72) to go on the right side of the vehicle driving by the defendant due to the negligence of driving the vehicle while neglecting the above duty of care, and led the victim to go beyond the road.

At around 00:17 on December 11, 2014, the Defendant caused the victim’s death by occupational negligence, such as a multi-presidential organ, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs;

1. Application of death diagnosis certificates and Acts and subordinate statutes governing the entrustment review;

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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. In that the result of the victim’s death due to the negligence of the defendant’s reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the crime of this case is not weak.

However, considering the fact that the defendant is against the law, that the defendant's driver's vehicle is covered by a comprehensive insurance, that the victim's bereaved family deposits a certain amount (22 million won) for the victim, and that the defendant has no criminal record exceeding the fine.

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