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(영문) 대구지방법원 상주지원 2014.08.19 2014고단235

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 cargo vehicles of 25 tons as B.

On May 29, 2014, at around 14:20, the Defendant, at the time of permanent stay, had approximately approximately 67.6 km of the petition base point on the petition highway located in the Ministry of Foreign Affairs and Fisheries at the outside of Korea branch office.

In this case, the driver of the motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and duty of care to operate the steering gear and the system in a safe manner.

그럼에도 불구하고 피고인은 이를 게을리 한 채 졸음운전을 한 과실로, 때마침 진행방향 앞에 터널 청소작업을 위해 갓길과 2차로를 걸쳐 세워 놓은 피해자 C(56세)가 운전하던 D 기아 파맥스 2.5톤 덤프 화물차의 좌측 뒷부분을 피고인 운전의 위 트라고 화물차 앞부분으로 들이받아 그 충격으로 위 기아 파맥스 2.5톤 덤프 화물차가 앞으로 튕겨나가면서 위 기아 파맥스 2.5톤 덤프 화물차의 앞부분으로 청소 작업을 하기 위해 서 있던 피해자의 몸통을 들이받게 하였다.

In the end, the Defendant caused the death of the victim due to the above occupational negligence due to the so-called saccouting and the so-called saccouting by the so-called saccouting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the actual survey report;

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 on the suspended sentence [Scope of Recommendation] General Traffic Accidents (Type 2 (Class 4-10) (Class 4-10) (Special Mitigation Decision], who is not subject to punishment [Pronouncement Decision], there is no specific criminal history against the defendant. In addition, the conditions of sentencing indicated in the arguments of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be considered.