beta
(영문) 대구지방법원 경주지원 2016.05.26 2015고단1117

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BF 6 x 2 Track freight vehicle.

On October 2, 2015, the Defendant driven the above cargo vehicle at around 14:30, while driving the D Factory at the time of the racing, the Defendant proceeded at the speed of two lanes next to the new construction site of D Factory at the time of the construction site of D Factory at the time from the front side of the construction material yard to the new construction site of D factory at the speed of an aesthetic speed.

At the time, since the sn beamline was loaded in the cargo loaded, there was a duty of care to take necessary measures so as to have the sn beamed or fastened the cargo in order to prevent the cargo loaded in the vehicle from falling off without operating a person carrying the cargo onto the vehicle while driving the vehicle.

Nevertheless, the Defendant neglected to do so and did not take sufficient measures to sn beam beamly fix the sn beamline and was loaded on the right side of the loading box with negligence, operating the victim E (40) carrying the sn beam on board.

The sn beam beam fells as the victim, and the sn beamed the victim's right sn beam.

Ultimately, the Defendant’s negligence on November 11, 2015 caused death from pulmonary blood transfusion, etc. in the Gyeong-gu, Daegu-gu, which was being treated at around 18:13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site investigation report, on-site photograph, death diagnosis report, and photograph of a deceased person;

1. The grounds for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, are recognized as the crime of this case, and the defendant's mistake is divided. In light of the developments leading up to the occurrence of the accident of this case,

In addition, there is no history of crime exceeding a fine, and the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance.