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(영문) 대전지방법원 2020.05.15 2019고단3813
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On August 24, 2019, the Defendant was driving a dump truck above around 11:10, and turned to the right right at a speed of about 10km from the direction of the Grand Dam in the direction of the Grand Dam, Seo-gu Daejeon, Daejeon, to the direction of the Grand Dam.

Since the above four streets are installed at a crosswalk, and the direction of the large crossing, in which the defendant intended to proceed at the time, a pedestrian green signal was displayed, in such a case, a person engaged in driving service has a duty of care to safely drive the crosswalk and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are accurately

Nevertheless, the Defendant neglected this and went on the right side of the dump truck of the Defendant be the front part of the Defendant’s vehicle, while driving a bicycle on the left side of the Defendant’s dump truck with a pedestrian green signals pursuant to the pedestrian green signals, and received the right side part of the victim C (Nam, 61) crossing the crosswalk as the front part of the vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence at the Daejeon Veterans Hospital, which was located 147 Doo-ro 82, Jung-gu, Daejeon, Daejeon, Daejeon, to death with the heart pressure on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site map, report on the occurrence of a traffic accident, site photograph of an accident, and death diagnosis report;

1. The grounds for sentencing under Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act recognize the defendant's mistake and reflects the defendant's mistake, the defendant has no power other than those punished by a fine due to a violation of the Road Act, and the defendant's vehicle is insured by the comprehensive motor vehicle insurance: Provided, That the crosswalk for pedestrians is a bicycle.

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