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(영문) 청주지방법원 영동지원 2014.03.13 2013고단236
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

except that 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 person who is engaged in driving a 25 tons dump truck.

On October 3, 2013, the Defendant operated a dump truck on the 15:15th day of October, 2013, and proceeded with the road of the dump truck in front of the restaurant at the Danagg Gindo Dong-dong, Young-dong, Young-gu, Chungcheongnam-do, Young-do.

At the same time, there was an intersection where signal lights are not installed, and since the victim F (the age of 56) who intends to enter the above intersection found the Glearning car driven from the right side, the driver had a duty of care to reduce the speed and drive it safely by making it clear.

Nevertheless, in order to avoid the right side of the said car, the Defendant neglected this and proceeded as it was, and the dump truck drivened by the Defendant by a sudden negligence that operated hand to the right side of the said car and covered the said car with the loaded part.

Ultimately, the Defendant caused the death of the Victim F and the Victim H(F, 70 years of age), and I(70 years of age) on board the said car by occupational negligence, due to the injury to the two parts in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

1. Each protocol of inspection;

1. A written request for examination of each body;

1. A comprehensive analysis of traffic accidents;

1. On-site photographs and photographs;

1. Application of video CD-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant 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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with heavy aggravated punishment);

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment: One to five years of imprisonment without prison labor;

2. Determination of sentence: A sentence of imprisonment without prison labor for one year and six months, and the fact that three victims died due to the negligence of the defendant for two years of suspended execution, or the defendant shall be the victims;

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