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(영문) 대전지방법원 홍성지원 2016.10.05 2016고단395
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On January 27, 2016, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Hongsung branch of the Daejeon District Court, and the said judgment became final and conclusive on February 4, 2016.

The defendant is a person who is engaged in driving of a special motor vehicle with the Switzerland Trackor.

On December 28, 2015, around 18:00, the Defendant, while driving two lanes in front of the construction site of the Chungcheongnamnam National Agricultural Technology Institute prior to the construction site, was parked in order to get off the packing machine of the ice container loaded on the ice container.

At night, the two-lanes that the Defendant want to park was a road close to the intersection and the safety zone where the safety signs are installed, and thus, if the Defendant parked a vehicle in the above intersection, it would interfere with other traffic, and the Defendant would not park the vehicle at the above location. Even if parking on the two-lane road, the Defendant was required to take measures such as installing safety signs at a reasonable distance from the rear side and parked the vehicle, and has a duty of care in order to prevent the occurrence of the accident caused by the parked vehicle.

Nevertheless, the Defendant neglected this and parked a twiter on the two-lanes 12 meters away from the intersection, and did not take such safety measures as above, and found the said two-lanes from the new funeral point to the knife and found the G twiter Stwits of the victim's G knife to the knife.

On December 28, 2015, at around 22:25, the Defendant caused the victim to die due to such occupational negligence, such as a decrease in blood volume, shock, etc. at the 201 short-term National University Hospital in the Gangnam-gu, Dong-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate, a traffic accident report, each field photograph;

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