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(영문) 대전지방법원 천안지원 2015.08.27 2015고단972

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 B Poter cargo vehicles.

At around 12:10 on May 14, 2015, the Defendant was proceeding in the vicinity of the warehouse of an orchard located in Asan-si, Asan-si.

At this time, the above cargo vehicle is operated only in front of and after about 30 cm, and the victim D (Nam, 75 years old) and E were pushed the above cargo vehicle in front of the right side and the left side of each of the above cargo vehicles in order to help the rear of the above cargo vehicle.

At the same time, it was difficult to cut off the land in a non- packing state, and it was a little light photograph in front of the said cargo vehicle. In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle so as to prevent the accident in advance by safely driving the vehicle, such as checking the front and rear sides so as not to prevent the vehicle from being pushed forward.

Nevertheless, by neglecting this, the Defendant neglected to care for the rear, and neglected to take speed devices, caused the death of the victim due to pressure of the heart due to pressure of the cryp, etc. at the “G Hospital” emergency room located in Asan-si, Asan-si, by shocking the body of the victim, which was sealed in front of the said cargo vehicle, into the right side of the said cargo vehicle, and shocking the body of the said cargo in front of the said cargo vehicle, into the front side of the said cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Entry of the traffic accident report;

1. Entry and video of the traffic accident report;

1. Statement of a written diagnosis of death;

1. Application of video-related Acts and subordinate statutes to an accident site photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Legal provisions;