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(영문) 대전지방법원 2013.12.19 2013고단3960
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 became final and conclusive.

Reasons

Punishment of the crime

On August 1, 2013, at around 16:15, the Defendant driven a Dammy truck, and proceeded two-lanes at a speed of 60 to 70 kilometers per hour, depending on the two-lanes of the road, at the 0-70 kilometers per hour, where the two-lanes of the Acheon High-Speed Road, which is located in the Dong-gu Daejeon Metropolitan City, Daejeon.

In such cases, a driver of a motor vehicle has a duty of care to live well on the front side and to prevent accidents by accurately manipulating the steering gear and brakes of the motor vehicle.

Nevertheless, the Defendant neglected this and tried to find and stop the victim D (the 56-year old) who is an employee of the construction work at the center of the road in order to induce the two-lane vehicle due to the road construction work, which is proceeding in the front by negligence, without examining well the front side, and to induce one-lane vehicle. However, the Defendant received the front part of the Defendant's vehicle.

The Defendant caused the death of the victim by occupational negligence due to brain damage caused by two frameworks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (including the first offender and the first offender and the first agreement between the victim and his/her bereaved family members) or more;

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