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(영문) 청주지방법원 2016.09.07 2016고단1094
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a 25 tons dump truck as C.

On May 9, 2016, the Defendant driven a dump truck on the dump truck on the 16:25th day of May, 2016, and proceeded to the intersection of the new distance in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do, to the Jincheon-do, Agricultural and Industrial Complex non-section.

Since the place has a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to safely drive the crosswalk in accordance with the new subparagraph after checking whether there is a person who gets a crosswalk by reducing the speed for the person engaged in the driving duty and living well on the right and the right and the right.

Nevertheless, the defendant neglected this and did not discover the victim D(68 years of age) who tows the bicycle from the right side of the defendant's dump truck driving direction to the left side of the pedestrian signal with his dump truck driving direction by his negligence and did not discover the victim D(68 years of age) and let the victim go beyond the victim with his dump truck right side, and had the victim go back with the back wheels of the defendant's dump truck, and caused the victim to die with dump wound, etc. on the face of the victim.

Accordingly, the Defendant caused a traffic accident by occupational negligence, resulting in the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. 112 reported case handling table;

1. A report on investigation;

1. A written result of autopsy;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be general traffic accidents;

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