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(영문) 대전지방법원 2017.05.18 2017고단947
교통사고처리특례법위반(치사)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C wing 4.5 tons of cargo vehicles.

On January 31, 2017, the Defendant driven a four-lane road in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, along the two-lanes in the direction of the Doma distance from the direction of the intersection, and stopped in the middle part of the crosswalk.

Since the location was a crosswalk in which signal, etc. is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals after checking whether there is a person who will cross the front side and the right and the right after stopping on the stop line.

Nevertheless, by neglecting this, the Defendant neglected to take the part of the victim F who dried the above crosswalk from the right side of the Defendant’s course to the right side of the Defendant’s green signals in accordance with green signals. After taking the victim F 81 years old and the victim G (n, 79 years old) into front part of the Defendant’s cargo vehicle, the victim’s head and back part of the victim F hit the right side of the cargo vehicle, and the victim G faced the victim G with the part below the above cargo vehicle.

As a result, the Defendant caused the death of the Victim F in the workplace due to damage to scam from the job by occupational negligence as above, and at the same time suffered injury to the victim G, such as a elf of the right scam to the right scam, which requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. A survey report on actual conditions;

1. Investigative reports (to hear statements from victims);

1. An investigation report (Attachment of a black stuffs and CDs) - Blus video CDs;

1. A corpse death certificate;

1. Statement of opinion;

1. A medical certificate;

1. Application of Acts and subordinate statutes to screen pictures of accident scene and black stuffs images;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), and Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

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