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(영문) 대구지방법원 상주지원 2014.09.02 2013고단558

교통사고처리특례법위반

Text

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

except that 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 cargo vehicle of Category C and III.

On September 25, 2013, the Defendant driven the above cargo vehicle on September 25, 2013, and led to the driving of the above cargo vehicle in front of the Hancheon-gun, Gyeongcheon-gun, at a ethic speed from the permanent port to the ethic port.

Since there is a road bended by the course of a one-lane, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front direction of the motor vehicle and accurately manipulate the steering gear and brakes so as to prevent the accident from occurring.

Nevertheless, the defendant neglected to do so and left the above cargo vehicle to the right side of the road with the negligence of overworking the hand on the right side of the road, and continued to fall into the front side of the cargo vehicle, and conflict with the retaining wall located in the front part of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim D (n, 71 years of age) who was a member of the Dong on the job site immediately due to the foregoing occupational negligence, to the pulmonary part due to the dynasium mathmosis, and the dynasium E (n, 50 years of age) of the same victim E (n, 50 years of age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Special Mitigation) [Special Mitigation in April-10] [including efforts to recover damage], there is no record of criminal punishment against the defendant, and the victim's bereaved family members and the victims have agreed smoothly, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime.