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(영문) 대전지방법원 2015.01.22 2014고단3795
교통사고처리특례법위반
Text

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

except that 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 driving C15 tons dump trucks.

Around 10:40 on September 23, 2014, the Defendant driven a dump truck and proceeded to a speed of about 40 km from the hump to the hump of a site area on the hump of Geumsan-gun, Geumnam-gun, for a long time at a shooting range.

At this point, the signal apparatus was installed, and since the traffic signal of the Defendant’s driving lane was a red-off signal, there was a duty of care to check whether a person engaged in driving a motor vehicle temporarily stops before entering the intersection to cross the intersection, and to drive the motor vehicle.

Nevertheless, the defendant neglected this and did not temporarily stop and caused the negligence of the defendant to enter the above intersection from the left side of the progress of the defendant's vehicle by taking the back side of the Ewing truck drivened by the victim D (the age of 57) who intends to enter the above intersection, into the front part of the dump truck drivened by the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to brain injury.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to investigation reports ( investigation of suspects into violations of Acts and subordinate statutes);

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 Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 2), mitigated area, mitigation area, imprisonment without prison labor for April to October (Pronouncement Decision] twice the same fine (Pronouncement Decision 1994), reflects that the degree of negligence of the accused three times a fine of different types is serious, and reflects that the degree of negligence of the accused is serious, purchase of a comprehensive motor vehicle insurance, purchase of a comprehensive motor vehicle insurance for victim's bereaved family members

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