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(영문) 대구지방법원 2017.10.12 2017고단3685
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of three 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 B dump trucks.

On June 18, 2017, the Defendant driven a dump truck around 10:35, and turned back the road near the Cheongdo-gun, Cheongdo-ro, Cheongdo-gun, Cheongdo-do-ro, 75-1921, Cheongdo-do-ro, Cheongdo-do-ro, into the Cheongdo-do-do-ro.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of the rear side well and to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and led the victim C (the age of 80) who is walking along the road in the direction of the Defendant’s proceeding by negligence, and did not discover the victim C (the age of 80). The victim was shocked by the back side of the dump truck, and the victim’s head going beyond the road to the left side.

Ultimately, the Defendant caused the victim's death by mination of two parts in the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations of wooden persons D);

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Orders to Provide community service and attend lectures are as follows: (a) the road in this case where there is no distinction between the roadway and the delivery of the first lane after the completion of the work at the nearby civil engineering work site; and (b) the road in this case where there is no distinction between the 2.5 ton of a dump truck without safety personnel and the damaged person during the operation of the dump truck without the safety personnel; and (c) the crime is heavy in that the injured person

On the other hand, there are circumstances that can be considered in light of the circumstances of the accident, and the defendant is the first offender and the above dump truck.

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