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(영문) 광주지방법원 목포지원 2014.01.10 2013고단1695
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C15 tons of dump trucks.

The Defendant is driving a dump truck on August 27, 2013 at around 09:13, and is proceeding in the direction of the sump truck in the direction of the sump letter or the front one way in the direction of the sump truck in the direction of the sump road.

In order to proceed in the direction of Sam school, it entered the above-mentioned private road or parking lot, followed by the left-hand turn in the direction of Sam school and proceeded to the right-hand turn at about 5 km.

The dump truck driven by the defendant is likely to occur adjacent to the defendant's dump truck because the location of the driver's seat is high, and there is no room to distinguish between the roadway and the sidewalk, so in such a case, the driver has a duty of care to check whether there is a pedestrian after checking whether the driver is a pedestrian or not at the time of departure and to safely start the accident.

Nevertheless, the Defendant neglected this and proceeded without confirming whether there is a pedestrian on the left or right, and the Defendant's dump truck did not find the victim D (the age of 88) who walked in the future of the Defendant's dump truck, and the Defendant's dump truck was shocked to the left right part of the victim's dump truck, leading up to the victim's right-hand side.

Ultimately, at around 09:3 on August 27, 2013, the Defendant caused the victim’s death by occupational negligence by using diversous shock shocks, etc. at the F Hospital located in Hegpoe E at G. In short, the Defendant caused the victim’s death by divers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on the spot and on-the-spot photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The suspended execution is against Article 62(1) of the Criminal Act, and the comprehensive motor vehicle insurance is subscribed to, and the agreement is reached with the victim's bereaved family members for 32 million won.

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