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(영문) 대전지방법원 서산지원 2013.12.19 2013고단647

교통사고처리특례법위반

Text

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

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 person who is engaged in driving of a 25 tons track vehicle owned by the Bank of Korea.

At around 18:40 on May 13, 2013, the Defendant driven the above cargo vehicles and proceeded at a speed of about 60km/h in the direction of the westan-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, the southwest-gun, along the intersection of the three-distance intersection in front of the restaurant of the Namsan-gun, Taean-gun, Taean-gun,

Since the location is a three-distance intersection where no signal is installed, there was a duty of care to check whether a person engaged in driving duty is another vehicle crossing by reducing speed or temporarily stopping and to safely drive the vehicle.

Nevertheless, the Defendant neglected to turn to the left at the right-hand side of the motor vehicle in front of the cargo vehicle, which entered the intersection in order to turn to the left at the right-hand side of the motor vehicle in front of the cargo vehicle, due to negligence, the Defendant left the left-hand side of the victim D (year 81) driving at the intersection.

Ultimately, the Defendant caused the death of the victim by occupational negligence on the spot by blood transfusions in two parts due to the said occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each photograph, on-site map;

1. A comprehensive analysis report of corpse and road traffic Authority;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act provides that although a serious consequence of the death caused by a traffic accident occurs, comprehensively considering

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;