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(영문) 창원지방법원 2017.06.16 2017고단1313
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 driving a dump truck.

On December 17, 2016, the Defendant, at around 11:13, run a signal waiting in the direction of the livestock cooperative, which is located outside of the Kimhae-si, along the three-lane distance from the outside of the living science high school, along the three-lane distance from the outside of the road.

At the time, the location is a three-distance intersection where signal lights are installed, which was installed at a crosswalk in the front line, and the defendant viewed the victim C (V, 76 years old) who walk to the vehicular road in order to cut the way from the right side of the road in the direction of the vehicle driving by himself/herself. In such a case, the driver of the motor vehicle had a duty of care to check and drive the safety after checking the damage and safety of the vehicle, considering the possibility that the person driving the motor vehicle is unable to find the person driving the motor vehicle due to the height of the body of the dump truck.

Nevertheless, the defendant neglected this and set a stop line before the crosswalk, but failed to stop on the green signals in the course of the vehicle, and followed by the negligence that stopped, the defendant got the victim crossinging the crosswalk from the right side of the running direction of the vehicle where the defendant drives, to the left side, from the front part of the vehicle driving by the defendant's driving, and turned it over to the road, and led the victim's right-hand bridge to the left side.

Ultimately, the Defendant caused the death of the victim by occupational negligence as an emergency vehicle around 11:20 on December 17, 2016, with a low-blood shock vehicle from the hospital to the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. A survey report on actual conditions;

1. On-site photographs of the accident, black booms, video CDs;

1. Application of Acts and subordinate statutes to dead bodies;

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, and the Criminal Act.

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