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(영문) 대전지방법원 홍성지원 2015.01.14 2014고단628

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 a C Poter cargo vehicle.

At around 13:30 on March 18, 2014, the Defendant was parked in a state where, at the construction site of the extension of the road, the Defendant was parked in a way that turns down the cargo vehicle in the slope and turned down the moving down.

At the time, the cargo vehicles were parked behind the slope, and the victim D(64) was working around the parked truck. In such a case, there was a duty of care to confirm the existence of a person around the cargo vehicle and to operate the cargo vehicle after the victim escaped from the safety distance.

Nevertheless, the Defendant neglected this and caused the death of the victim, etc., who was working between the cargo vehicle and the concrete structure, due to the negligence of taking a clean pedal while leaving the post, and the victim, etc., who was working between the cargo vehicle and the concrete structure on the rear side of the floating cargo, left the victim between concrete walls and the cargo vehicle on the left side of the said cargo vehicle, resulting in the death of the victim from the low-blood shock shock caused by a motor vehicle accident due to an intra-ververstrokes of the dubrosion in accordance with traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. On-site photographs;

1. A written result of autopsy;

1. Safety and health report:

1. Application of Acts and subordinate statutes to an investigation report (to hear statements by telephone head of the F Association G);

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. Determination of the type of sentencing [Application of the sentencing criteria] of Article 62(1) of the Criminal Act (the range of legally applicable sentences] : Traffic crimes, general traffic accidents, and special sentencing factors of Type II (Death resulting from Traffic Accidents).