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(영문) 대전지방법원 서산지원 2019.07.11 2019고단294
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 dump truck.

On February 13, 2019, the Defendant driven the above cargo vehicle as a duty of 09:20 on February 13, 2019, and led to the intersection of the private distance in the complex C in the c complex to the long-distance breath from the boundary of the tideland.

In this case, there was a duty of care to check whether a vehicle, etc. is cross-sectioned by reducing the speed for a person engaged in driving service and checking the right and the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s dump truck driving direction from the left side of the dump truck driving direction to the dump truck driving of the victim E (the age of 48) driving, which was driven by the Defendant’s dump truck driving direction to the front part of the Defendant’s dump truck driving seat.

Ultimately, the Defendant caused the death of the victim E from the above occupational negligence due to an increase in the middle and long-term damage, etc., and caused the death of the victim G (n, 49 years of age) who was accompanied by the said K5 car due to the injury of external wounds from the said job.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The actual survey report on traffic accidents;

1. Report on the occurrence of a traffic accident;

1. Each written result of autopsy;

1. Investigation report (the 119 first responder telephone communications);

1. To forward each first-aid service log and each first-aid service log;

1. A traffic accident engineering response (F) and traffic accident engineering analysis report;

1. Application of road accident scene photographs and accident site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. Violation of the defendant's signal and duty of care for safe driving on the grounds of sentencing in Article 62-2 of the Criminal Act.

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