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(영문) 대전지방법원 2013.10.02 2013고단1890
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in a large-scale special vehicle driving of the Hyundai Artor.

On April 9, 2013, the Defendant driven the above special vehicle around 05:20, and moved back to the parking zone of the logistics warehouse area in order to load goods at the Daejeon Daejeon World Logistics Center located in Daejeon Seo-gu.

The special motor vehicle operated by the defendant is difficult to secure the view after the passage of the way, and there are other special motor vehicles in both areas where the defendant intends to park, so the person engaged in driving of the special motor vehicle has a duty of care to see the parking space in advance and drive it down through the slurbr while the person is well in preparation for the possibility of being in a parking zone.

Nevertheless, the Defendant did not neglect this and did not discover the victim F(41) who did not discover the loading condition of a special vehicle parked on the right-hand right-hand side when he believed that there is no person to do so without due care, and did not discover the victim F(41) who was parked on the right-hand right-hand side of the special vehicle, and caused the victim to wear the victim between the back of the special vehicle and the shock prevention base of the contact facilities of the Defendant

Ultimately, the Defendant caused the victim’s death by occupational negligence on April 9, 2013, at the H Hospital emergency room located in Seo-gu Daejeon, Seo-gu, Daejeon, where the Defendant was under medical treatment at around 05:40, resulting in the victim’s death.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition of traffic accidents;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) results in the death of the victim due to the negligence of the defendant, and the victim.

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