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(영문) 광주지방법원 2016.03.10 2015고단5252
교통사고처리특례법위반
Text

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

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving C dump trucks.

On September 24, 2015, the Defendant driven the above truck on around 10:40 on September 24, 2015, and proceeded with the 4nd line road in front of the intersection of the Korea Rural Community Corporation in the direction of education roads at the Naju City along one-lane from the shooting distance of the electricity trading station to the apartment screen. On September 24, 2015, the Defendant came to turn to the left at the front of the said intersection.

At the time, signal lights and left turn turn turn turn are installed on the front side of the defendant at the time, and since there was a crosswalk where pedestrian signals, etc. are installed on the road where the defendant intends to turn to the left, the defendant has a duty of care to check whether there is a vehicle going to the opposite direction while temporarily stopping or going to the left at the above intersection in the straight line, whether there is a pedestrian who gets to walk the above crosswalk in line with pedestrian signals, and to check the front side thoroughly, prevent accidents, and drive safely.

Nevertheless, the defendant violated the above signal observance and the duty to protect pedestrians in the crosswalks and forced to turn to the left at the above crosswalks, and the victim D (54 years old) who dried the above crosswalks was the front part of the truck of the defendant.

Around 20:45 on the 29th day of the same month, the Defendant caused the victim to suffer from climatic and cerebral fluoral surgery by occupational negligence, and caused the death by pressure on brain at high-tech hospitals located at the high-tech center of the Gwangju Mine-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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