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(영문) 창원지방법원 통영지원 2013.08.08 2013고단312
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C25 tons dump trucks.

On May 7, 2013, at around 08:30 on May 7, 2013, the Defendant driven the above truck and proceeded the three-lane road of the shooting distance in front of the Gando Police Center in the Asia-do, the Gando Police Center, which is located in the Asia-do.

There are two crossings where traffic signals and crosswalks are installed, so the driver has a duty of care to ensure that the driver is obliged to thoroughly perform the duty of care to ensure that the driver is engaged in driving and to safely drive the vehicle and prevent the accident by safely driving the vehicle, such as checking the safety of the vehicle and the pedestrian and accurately operating the brakes.

Nevertheless, the defendant neglected this and failed to discover the victim D(37 years of age) and the victim E(9 years of age) who walked the crosswalk in accordance with the front line of the horse, and the victim victim E(9 years of age) who walked on the crosswalk due to the negligence of disregarding the vehicle stop signal. The defendant sent the victims who walked on the floor of the truck to the left-hand wheels of the truck.

Ultimately, due to the above occupational negligence, the Defendant caused the victim D to die with brain death at the scene of the traffic accident, and suffered from serious injury such as the left-hand sprink cutting, which requires approximately eight weeks medical treatment to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of inspection by this Court;

1. A survey report on actual condition and a report on investigation;

1. A corpse inspection report and a medical statement (whether serious);

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the 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. According to the sentencing guidelines for the sentencing of the selective sentencing of the sentence, it is determined that the imprisonment without prison labor, which exceeds the lowest limit of eight months, is recommended to the defendant, and that the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D is "the death of a general

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