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(영문) 창원지방법원 마산지원 2013.08.20 2013고단293
교통사고처리특례법위반
Text

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

except that 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 driving a dump truck.

On November 9, 2012, the Defendant operated a dump truck on the dump truck on the dump truck on the 13:40th day of November, 2012, and led to the intersection in front of the smoke station located in the Yongsan-gun, Gyeongnam-gun, the Defendant came to turn to the left one-lane of the two-lane roads from the dump distance to the king concrete.

Since there is an intersection where traffic control is not performed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle by reducing speed and temporarily stopping the motor vehicle.

Nevertheless, the Defendant neglected to turn to the left as it is, by negligence, did not discover the Ctoscar si that was going straight from the right side of the lurg, to the right side of the lurg, along one-lane distance from the right side of the lurg, and received the front side of the said si as the part of the Defendant’s truck driving seat.

Ultimately, due to the above occupational negligence, the Defendant: (a) caused the death of the victim D (V, 77 years of age) who was on board the head of the instant taxi; (b) on November 12, 2012, at the F Hospital located in Changwon-si E in Changwon-si, Changwon-si, Seoul, to the death of the victim D, who was on board the head of the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to the scene photographs of traffic accidents, and photographs of changeers;

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 selection of

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (including the fact that the defendant has a strong pened his mistake in depth, has agreed with the bereaved family members of the victim, and that the defendant's driver's vehicle has subscribed to a comprehensive insurance policy);

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