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(영문) 의정부지방법원 2015.01.23 2014고단2771
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of D concrete mixed trucks.

On June 20, 2014, the Defendant driven the above truck on June 20, 2014, and got to turn to the left, while driving ahead of the road in front of the “F store” located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, the Defendant got to turn to the left from the center line on the 5-distance distance from the E-U.S. university.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving motor vehicles to observe the steering wheel line and operate the steering wheel and brake system accurately in order to prevent accidents in advance.

Nevertheless, the defendant neglected this and neglected to turn left the center line, and instead went to the left, the victim G (54 years old) crossing the road from the right side of the defendant's concrete mixing truck driving direction to the left side, going to the right side of the above truck, and then go to the right side and back the victim with the front wheels and the rear wheels.

Ultimately, the Defendant caused the death of the victim at the site due to such occupational negligence as a ground for pulververization on the right side of the head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement of H;

1. A traffic accident report;

1. A written result of autopsy and postmortem examination;

1. Application of Acts and subordinate statutes to each photograph of a vehicle and body;

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

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] and the grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc. (including special mitigations) and death accidents in the basic area (8 to 16 months).

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