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(영문) 대전지방법원 홍성지원 2015.08.19 2015고단236
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a dump truck.

On January 5, 2015, at around 09:25, the Defendant driven the above truck, and immediately proceeded to the right turn to the left at about 83 km from the right edge to the right edge, of the three-lane distance, at the entrance of the Yancheon North Korean Excavation Complex, which is a publicity channel on the Yancheon-si, Yan-si.

In this case, the driver of the motor vehicle has a duty of care to check whether the driver of the motor vehicle complies with the speed limit and has a vehicle passing through the intersection and prevent the accident in advance, since the speed limit is 60 km per hour and the traffic control is not carried out.

Nevertheless, the Defendant neglected this and neglected to turn to the left the left at a speed exceeding 23 km, and received the part of the driver’s seat of the victim D(39 years old) driving car, which was proceeding at the front of the left, as the front part of the said truck.

Ultimately, the Defendant caused the death of the victim on the job at around 09:36 of the same day due to the said occupational negligence, due to the chest and double damage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order [the scope of applicable sentencing guidelines] : The type of traffic crime, general traffic accident, and type 2 (Death resulting from Traffic Accidents): The range of recommended punishment that the relevant person is not a person: The basic area, the imprisonment without prison labor for not less than eight months but not more than one year and not more than six months (the decision of sentence) and the suspension of execution for not less than three years, resulting in a traffic accident by the negligence of a defendant for a period of suspension of execution and resulting in the death of a victim.

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