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(영문) 의정부지방법원 2013.10.23 2013고단3007
교통사고처리특례법위반
Text

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

However, 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 dump truck driving.

On June 13, 2013, at around 09:58, the Defendant driven the above vehicle, leading to the intersection in front of the residents' center in the Dongbcheon-si, the Defendant passed at a speed of about 20 km from the west apartment to the north of Korea.

On the other hand, a driver of a motor vehicle has a duty of care to yield the course from another road when there is a motor vehicle already entering the intersection from another road, and to prevent an accident in advance when there is another motor vehicle seeking to enter the intersection from a road with a wide width.

Nevertheless, the Defendant neglected this and proceeds as it is.

Defendant

From the left side of the proceeding direction, the victim C(78 years of age, south) and the victim D(78 years of age, leisure) who have entered the road with a wide width from the right side of the road first turned over the ground floor because the part on the right side side side of the victim C(the victim C) and the victim D(78 years of age, leisure) without the number board conflict with the part on the right side side of the truck driving by the defendant.

Accordingly, the Defendant caused the victim C to die by occupational negligence, i.e., the blood transfusion and the heart fever from the tin, and the victim D to the F Hospital located in Dongducheon-si E in the same day at around 16:35 on the same day, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (accidents ct v video verification report), CCTV images;

1. A written autopsy (C, D) of a corpse;

1. On-site photographs and vehicle photographs;

1. A corpse photograph;

1. Application of Acts and subordinate statutes to the protocol of inspection;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting the crime, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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