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(영문) 부산지방법원 2017.05.17 2016고단2979
교통사고처리특례법위반
Text

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

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 the business of driving D concrete mixed trucks.

On July 29, 2015, the Defendant driven the above truck on July 29, 2015, and proceeded along two-lanes from the direction of the new hospital to the intersection of the office of Song-do located in the Southern-dong of Busan, Seo-gu.

At the time of construction, the above concrete mixing truck operated by the Defendant was 23 years old, and the concrete mixing truck was every day in the characteristics of the construction site. As such, there was a duty of care to pay attention individually to the bracing pipe status by raising the possibility of corrosioning the brac pipe. Since the truck's weight was 10.5 tons and 12 tons of cargo (the maximum loading capacity) and operated a stopway, the truck had a duty of care to reduce speed and accurately adjust the steering gear and brake system, and if it was aware of the brac failure during operation, the truck was operated immediately, with the view to minimizing the danger situation to the surrounding drivers and minimizing damage in consideration of the right and the traffic situation.

Nevertheless, the Defendant neglected to do so and operated without replacing the core part of the pipe of the deteriorated vehicle on the ground that there was no problem of flat driving. While driving the 12 tons of cargo onto and from the vehicle, while driving the vehicle at a speed of 12 tons, the Defendant would not reduce the speed, but rather make the engine engine brac is at a speed of speed by changing from 2 to 3 short speed, and even after recognizing the brac breakdown, the Defendant was negligent in proceeding at the two-lane in front of the Defendant, without notifying the neighboring drivers of the danger situation by means of light, emergency, water signal, etc., and by negligence, even after recognizing the brac breakdown, without considering the traffic situation at the front left and right right.

E Driving F. F.

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