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(영문) 대전지방법원 홍성지원 2013.08.14 2013고단455
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 8, 2013, the Defendant was a person engaged in driving C15 tons truck, and around 09:55 on May 8, 2013, the Defendant, who loaded the truck at the construction site of Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Red-gun, and loaded the truck at the construction site of the construction site.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce the height of the vehicle and safely proceed with the accident by taking into account the height of the truck, etc., and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to set the direction of the Defendant’s proceeding while laying a cable on the truck, which was driven by the Defendant’s negligence while placing it onto the box of the truck, cut the above cable, and cut off the above cable by the head of the victim D (the age of 76) who was seated on the top of the bend site of the bend construction site, thereby falling off the explosion connected to the above cable.

Ultimately, at around 14:00 on June 5, 2013, the Defendant caused the victim to die due to cerebral cerebralop and cerebral cerebralop in the F Hospital located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents;

1. The actual condition survey report;

1. On-site photographs;

1. On-site map;

1. An inquiry into the enemy (C);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of selective fines for sentencing (the following factors, etc. that describe the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not that of the defendant's occupational negligence and violation of his duty, but that of the crime.

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