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(영문) 광주지방법원 순천지원 2018.12.07 2018고단1891
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for nine 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 driver of construction machinery C ( concrete pumps).

On April 17, 2018, the Defendant driven the above vehicle at around 23:06, the Defendant driven the above vehicle and driven the three-lane road at the point of 6.3km (on the right side) of the Honam Highway 6.3km (on the right side) in Seocheon-si, Seocheon-si, Seocheon-si, along three-lanes from the right side to the right side of the Suncheon-si, and driven the road by turning the emergency, etc. on the part of the vehicle.

At this time, there were three-lanes: (a) the driver of the vehicle has been at night and there was no street lamps around, and in such a case, the driver of the vehicle has a duty of care to safely drive or stop the vehicle along the side, and to take necessary measures such as not to conflict with the vehicle coming from the side by installing a safety triangulation at the location that can be confirmed by the driver of the vehicle approaching the side; and (b) the driver of the vehicle approaching the side has a duty of care to take necessary measures.

Nevertheless, even though there was an abnormal accident on the vehicle, such as not accelerating, the Defendant proceeded along the side, or proceeded along the three-lanes without stopping on the side, and even though the vehicle was stopped on the three-lanes of the expressway, the Defendant did not immediately install a safety rectangular zone on the rear side, and even though the vehicle was stopped on the three-lanes of the expressway, the Defendant did not immediately install a safety rectangular zone on the rear side without taking any safety measures, such as sending a water signal not to shock the driver of the vehicle from the rear side, and by negligence on duty installed on the three-lanes of the said vehicle over about 15 minutes, the Defendant got the back of the vehicle operated by the Defendant as the front part of the T-Ma that the victim D (38 years old) driven on the rear side of the said vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on April 18, 2018 due to the long-term damage of Daunsung around 00:04.

Summary of Evidence

1. The defendant's person;

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