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(영문) 의정부지방법원 2014.09.23 2014고단2648

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant is a driver of Cpoter cargo vehicles. On January 28, 2014, at around 06:45, the Defendant driven the poter cargo vehicles, and led to two-lanes of two-lanes of two lanes from the original to the two-lane.

Since the place was an expressway on which a vehicle is proceeding, the driver of the motor vehicle had a duty of care to take the front side and the left side well, and to accurately manipulate the steering direction and the brake system in order to prevent the accident in advance.

However, the Defendant neglected to perform the above duty of care and neglected to proceed on the front side of the Defendant’s cargo vehicle, thereby receiving the back part of the left side of the 25 tons cargo loaded on the left side of the Defendant’s cargo vehicle, which was conducted on the front side of the Defendant’s cargo vehicle.

The Defendant’s negligence caused the death of the victim F (the age of 42) who was on the top of the head of the Defendant’s cargo vehicle due to his occupational negligence, due to the dystroke and cerebral stroke, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Statement of each police statement of H, I, and D;

1. A written examination report, written examination request for appraisal (chemical department), written examination request for appraisal (the process of law) and written examination request for appraisal (the process of law shall not exceed 164 pages of evidence);

1. Application of the Acts and subordinate statutes to each de facto condition survey report, on-site photo, photo-fluor image at a black fluore, each vehicle (bluor, screenor, treatment 25 tons car truck);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. of Traffic Accidents), the area of mitigation (4 to 10 months) [Special Mitigation] Punishment and Non-Punishment (Special Mitigation) [Determination of Sentence], October without prison labor, and two years of suspended sentence;