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(영문) 대전지방법원 천안지원 2016.04.29 2016고단119
교통사고처리특례법위반
Text

The imprisonment without prison labor for the accused shall be determined by eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA cargo vehicle.

On October 20, 2015, the Defendant driven the above cargo vehicle at around 08:45, and driven the front of the so-called so-called 's long-distance apartment site at the Sung-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seoan-gu, Seocheon-si, in a direct mountain at a low speed from the flat bank to the nearest bank, and changed the course in order to make a right-way along the three-lanes of the Sung-gu elementary school.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede the normal passage of other motor vehicles running in the front and rear side of the lane intended for such change, and has the duty of care to prevent accidents by safely changing the vehicle line through a safe change of the vehicle line, such as changing the vehicle from one lane to two lanes, changing the vehicle line from two lanes to three lanes, etc.

그럼에도 불구하고 피고인은 이를 게을리 한 채 1 차로에서 2 차로를 거슬러 3 차로로 곧바로 차선을 변경하던 중 피고인의 후방에서 2 차로를 따라 직진하고 있던 피해자 E(24 세) 운전의 F 이륜자동차 전면 부분이 피고 인의 화물차 우측 보조석 휀 다 부분과 충돌하게 하여 피해자로 하여금 도로 전방으로 튕겨 져 나가 바닥에 떨어지게 하였다.

Ultimately, the Defendant caused the victim's death by occupational negligence as a multi-child organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate;

1. Application of Acts and subordinate statutes governing the scene photographs of the accident, on-site photographs, and victim booms and video photographs after the accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (the grounds for sentencing) is favorable to the suspended execution.

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