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(영문) 대전지방법원 서산지원 2015.05.13 2015고단278
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

The defendant is a person who is engaged in driving a Cran TG car.

On March 9, 2015, at around 13:45, the Defendant driving the said car on a one-lane road in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and continued to drive the said car on the front side of the Do.

Since there is a hond section and a road where a central line is installed, the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle with the front line and to safely drive the motor vehicle.

Nevertheless, the part of the driver's length width of the Fump truck drivened by the injured party E (the age of 47) who was negligent in driving a dump truck due to his negligence while driving the dump truck due to his negligence is shocked with the part of the front pande part of the driver's seat of the said vehicle, and due to his shock, the said dump truck lost its center, and the said dump truck felled with the part of the front pande part of the said dump truck drivened by G (the age of 27) who driven the said vehicle beyond the opposite lane.

As a result, the Defendant suffered injury to the victim E due to the above occupational negligence for about two weeks, such as cerebral salone in which treatment is required. At the same time, the Defendant caused the victim G to die due to brain damage caused by the dubing of two dubs in the above site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report and the occurrence of traffic accidents;

1. A corpse inspection report and a diagnosis report;

1. Application of statutes on site photographs;

1. Article 3(1) and (2) proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Occupational Negligence, Article 268 of the Criminal Act, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) of the suspended execution are general traffic accidents.

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