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(영문) 청주지방법원 충주지원 2015.11.13 2015고단417
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 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 the operation of a dump truck.

On September 1, 2015, the Defendant driven the above truck on September 13:42, 2015, and proceeded at a speed of about 44 km in the speed of 54 km in front of the Korea Consumer Agency, which is the 54-lane Dup-ro, Mac-ro, Mac-ro, Mac-ro, Mac-ro, Mac-ro, Mac-ro, Mac-ro, Ma

At that time, the signal was installed, so in such cases, the driver had a duty of care to safely proceed to the person engaged in driving service and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and caused the Defendant to load the right side of the instant dump truck, which the Defendant drives, in the front part of the E-bump truck drivened by the victim D, who was normally proceeding from the surface of the e-cump road to the surface of the e-cump road, due to the negligence of entering the intersection, in violation of this, even though the direction signal was red.

Ultimately, the Defendant caused the death of D in the above occupational negligence due to an acute trauma, etc., and caused the death of the victim F, who was accompanied by the cargo of the above Poter, on September 17:43, 2015, at the Jincheon-gun, Jincheon-gun, Jincheon-gu, Jincheon-do, Jincheon-do, Jincheon-do, which was under the treatment of transmission.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes to reports on the occurrence of a traffic accident, each photograph, actual condition investigation report, body autopsy report, death diagnosis report, CCTV image CD, comprehensive traffic accident analysis report;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act.

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