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(영문) 대구지방법원 안동지원 2015.08.04 2015고단372
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On March 30, 2015, the Defendant operated the above truck on March 15:10, 2015, and proceeded to the expressway of about 139 km each hour at a point where 235.6 km away from the central highway near the Jeon-gu Seoul Metropolitan City, Pung-dong (Yyang-dong bank).

Since there is a limited speed of 80 km at a speed, there was a duty of care to prevent accidents by complying with the car line and the restricted speed to the person engaged in driving business, and by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant neglected this and found the e-learning car of the victim D (the age of 45) who stops on the right side of the road in the direction of the horse due to the problem of the back wheels of the speed exceeding 59 km per hour, and found it late later, and shocked the rear part of the driver's vehicle as the front part of the truck.

Ultimately, the Defendant caused the death of the victim due to low-blood shock and cardiopulmonary suspension caused by two strings on March 30, 2015, when he was sent back to the hospital by occupational negligence as above, on March 30, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. A traffic accident occurrence report;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. A death diagnosis report and a written record of autopsy;

1. Application of the Acts and subordinate statutes to notify traffic accident analysis results;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without prison labor

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. Sentencing (Scope of Recommendation) and Type II (Death resulting from Traffic Accidents) of general traffic accidents: There exists no basic area (from August to January 6) (special person).

3. The decision of sentencing shall be made on the expressway; and

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