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(영문) 대전지방법원 홍성지원 2013.10.18 2013고단707

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 dump truck driver.

On July 29, 2013, the Defendant driven the above truck at a speed of about 78 km from the west-gun to the Cheongyang-gun near the lender's rest area located in Yacheon-ri, the Defendant proceeded with the national highway of about 36 km in the speed of about 78 km from the west-gun to the Cheongyang-gun.

At this point, there was a duty of care to prevent accidents in advance by driving 20% speed speed speed speed speeded at 48 km per hour because the center length of the yellow solid line is installed, and the speed limit is 60 km point or the surface is milched at a speed of 60 km per hour.

Nevertheless, the Defendant neglected to do so at a limited speed exceeding 30 km per hour, dumped the central line, and dumped the top part of the left side of the instant truck by the victim D (V, 60 years old) driven by the adjacent part.

Ultimately, the Defendant caused the death of the above D from the two parts of the workplace to the above occupational negligence, and caused the injury to the victim F (the f8 years old), who is the passenger of the damaged vehicle, such as the scam and the scam for about six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

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

1. A written result of autopsy;

1. Diagnosis certificate - F

1. Application of Acts and subordinate statutes to the investigation report (related to speed);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the suspended execution of the Criminal Act appears to have deeply repented his mistake while the Defendant committed the instant crime, and the location of the instant accident.