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(영문) 대구지방법원 영덕지원 2016.01.20 2015고단188
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a year and eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C15 tons dump trucks.

On July 11, 2015, the Defendant was driving a dump truck above around 11:15, and proceeded with approximately 500 km south of the Yellow-do National Highway No. 7 of e.g., Seondo e., Seogdo e., Seondo e.g., Seogdo e., Seogndo e., Seogndo e.g., Sindo e., Sindo 80km.

A driver of a motor vehicle has a duty of care to live well on the front side, and to accurately operate the steering and brakes so that he/she can safely drive the motor vehicle.

Nevertheless, the defendant neglected this and has set up a Madal Road by changing the lane from the first lane to the second lane.

D The victim E (46 tax) and the victim F (42 tax) were located adjacent to the loading of the bump truck of the bump truck was received in front of the right side of the Defendant.

After all, the Defendant caused the death of the victim E due to the above occupational negligence, such as double pelpel, etc., and caused the death of the victim F to the brain pelle due to the pelle of two parts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. Investigation report (Attachment of a death certificate);

1. A report on the occurrence of a traffic accident, a traffic accident report (1) - A survey report, an accident-related photo (field and vehicle), an accident-related photo (C) 16 degrees, a tea, a internal investigation report (C) dump truck, a internal investigation report (determination on the location of the deceased), a report on investigation (as to the analysis of CCTV images), and the application of the law to notify the results of the traffic accident investigation and analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Reasons for sentencing prescribed in Articles 40 and 50 of the Criminal Act (a punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents which results in the death of a victim F who has heavier penalty than that of a crime)

1. Determination of the range of sentencing recommended: the sentencing criteria for traffic crimes - 01 - 2 type of traffic accidents.

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