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(영문) 전주지방법원 2014.01.03 2013고단2389

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is engaged in driving construction machinery B 25.5 tons (a dump truck).

On September 25, 2013, the Defendant driven a dump truck above dump truck on the 16:07th day of September 25, 2013 and moved to the E Hospital from the direction of D University by using the first line of the dump road in the synsan-gu C at the front city of the front city.

It is a place where a crosswalk is installed and the passage of pedestrians, bicycle passengers, etc. is displayed, so in such a case, there was a duty of care to check the safety of the course by reducing the speed and by properly examining the entire course of the vehicle driving service.

Nevertheless, the Defendant neglected this and did not find out the victim F, who was entering the crosswalk from the right side of the defendant's running direction to enter the crosswalk, and by negligence bypassing it, did not see the victim F, who was going to enter the crosswalk from the right side of the defendant's running direction to the crosswalk, and got the victim into the front side of the dump truck, followed the victim with the wheels, and caused a dump truck damage to the victim's face, shoulder, hump, etc. due to the shock, and died due to the suspension of cardiopulmonary function while being treated by the E Hospital located in the front city of 20:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident actual condition survey report and photographs;

1. Reports on internal accidents (security of shots and field inspection related thereto), photographs (related to shootings and photographing places for accidents);

1. Application of Acts and subordinate statutes of a death certificate;

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, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, and selection of imprisonment without prison labor (in consideration of the fact that the degree of negligence of a defendant

1. Article 62(1) of the Criminal Act (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes was amended)