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(영문) 대전지방법원 천안지원 2013.07.05 2013고단586

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 D9.5 tons of modern 9.5 tons of grassland trucks.

On April 3, 2013, the Defendant driven the above cargo vehicle on April 20:45, and entered the genetic TNNS S S S S S S S S S S S S S S S S S S S S S S S S S S S S S, located in Pyeongtaek-si, at the two-lanes of the 3-lane of the width of the NSSSS, and turn to the left at an insular speed.

At night, since the above distance was installed with signal lights, there was a duty of care to safely turn to the left in accordance with the new code after checking the right-hand turn before the left-hand turn.

Nevertheless, the Defendant neglected to do so and led to the left-hand turn without neglecting the stop signal, and caused the Defendant to enter the said shooting distance from three-lanes of the three-lanes of the right-hand side of the Pyeong Port, and immediately left the Round of the victim E(56 years old) driving seat entrance of the Defendant’s driver’s vehicle, which was the front line of the left-hand side of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act (hereinafter referred to as the "order to Attend education") resulted in the serious consequence of the victim's death, the defendant's liability for the crime is very heavy, but there is no criminal record against the defendant, and the defendant's vehicle has agreed with the victim's bereaved family members, and the defendant's vehicle is also insured by the Financial Cooperative, etc.,