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(영문) 대구지방법원 서부지원 2015.05.21 2015고단338

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 C concrete mixed trucks (so-called “so-called ready-mixed vehicles”).

On January 5, 2015, at around 17:35, the Defendant driven the above truck, and led the front way of the head of the Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Seocheon-gu, Seocheon-gu, Daegu-gu, to the direction of the flow distance from the Sungcheon-si.

At the time, it was difficult to see the surrounding area due to the sunset, and there was a crosswalk on which signal lights were installed, and green pedestrians' signal was on-and-off, so the person engaged in driving of the truck had a duty of care to temporarily stop the vehicle to check whether there is any person who gets to walk up the road well and to check it carefully, and to safely drive the vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, although the defendant neglected to stop on and off green pedestrian signals, the defendant started the crosswalk without carefully examining whether or not pedestrians are pedestrians and proceeded with the truck, and did not find the victim D (76 years old) who walks the way from the right side of the crosswalk using the crosswalk in accordance with the pedestrian signals, and continued to proceed on the right side of the truck after having the victim go beyond the ground with the victim's truck fronter and the victim go beyond the ground, and the victim's head head part was over the right side of the truck.

As a result, the Defendant suffered two injuries, such as dushes, from occupational negligence, thereby causing death in the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of E and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The application of Acts and subordinate statutes to photographs of police officers in need of dispatch, body autopsy reports, and postmortem records;

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 of the Criminal Act: