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(영문) 대전지방법원 2014.12.29 2014고단3733
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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 of C concrete mixed truck construction machinery.

On September 16, 2014, the Defendant driven the above truck on September 17:32, 2014, and proceeded along one lane in front of the original village oil station located in the Dong-gu Daejeon Metropolitan City, Seo-gu, Daejeon, and proceeded to turn to the left from the direction of the original village.

Since the location is an intersection with signal apparatus installed, the driver of the truck had a duty of care to prevent accidents by properly sprinking the front and right and the right and the right and the right of the signal apparatus installed at the intersection and by accurately manipulating the steering direction and the steering system according to the signals of signal apparatus installed at the intersection and to prevent accidents.

Nevertheless, notwithstanding the yellow light of the above signal apparatus, the Defendant neglected to stop on the stop line without stopping on the left side of the stop line, and operated a bicycle on the right side of the moving direction along the blue light of the pedestrian signal, and got the victim D(72) who dried up the crosswalk to the front part of the truck, and caused the above victim to go beyond the road.

Ultimately, the Defendant caused the said victim by occupational negligence to die by cerebral fluor, etc., which was being treated at the Daejeon University Hospital, which was located in the Jung-gu Daejeon Metropolitan City on September 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (the actual survey report 1, 2);

1. Application of Acts and subordinate statutes of a death certificate;

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. The reason for sentencing under Article 62 (1) of the Criminal Act is one time for the suspended sentence (1972), one time for the same kind of fine (2004), one half for the fines of this kind, one time for the purchase of a comprehensive automobile insurance policy, and the will of the injured family members to take into account;

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