(영문) 대구지방법원 안동지원 2016.01.08 2015고단726

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(영문) 대구지방법원 안동지원 2016.01.08 2015고단726

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 October 18, 2015, the Defendant driven the above truck on around 09:15, and started driving the safety school distance in Ansan-si, Pungsan-si, Pungsan-si after waiting the signal direction from the side of Pungsan elementary school.

In such a case, there was a duty of care to start and drive safely by looking at the front side and the left side of the driver of the vehicle.

Nevertheless, the defendant's negligence of neglecting this, caused the victim C (the 62 years old), who dried a road on the left side from the right side of the defendant's running direction, by taking the victim C (the 62 years old), to the right side of the front of the truck, and served with the right wheels.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the death of the victim due to serious brain damage in his/her job.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a actual investigation report, a death certificate, and a postmortem inspection report;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence shall be suspended and the community service order shall be ordered, taking into account the fact that the victim’s bereaved family members agreed to it and their mistake is in profoundly against each other, although a serious consequence of death occurred due to traffic accidents due to the reason of sentencing under Article 62-2 of the

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