beta
(영문) 청주지방법원 2013.07.12 2013고단450

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving B 25.5 tons dump truck, and around 15:40 on December 17, 2012, the Defendant was driving the dump truck, and the road adjacent to the indoor gymnasium, which is located in the hump-gu resignation of Cheongju-si, Goju-si, was bypassing to about 10km a speed from the border distance to the hump-gu.

At all times, a crosswalk without signal lights are installed on the front door. In such a case, the driver had a duty of care to check whether there is a person who gets on the front door and the right and the right, and to safely drive the road after the suspension.

Nevertheless, the Defendant neglected this and led the victim C(78 years of age) of the victim C (78 years of age) who walked the bicycle to the left-hand side of the bend of the dump truck and walked the bicycle with the front-hand part of the above dump truck and continued to turn the victim going beyond the road to the rear wheels of the above dump truck.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the E Hospital in Cheongju-gu Ea-gu, Ea-si, the treatment of which was conducted on December 17, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes on comprehensive traffic accident analysis;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case committed by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is committed by the victim who, without properly examining pedestrians on the road where the crosswalk is installed, led the bicycle by occupational negligence and dried the crosswalk.