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(영문) 대전지방법원 2020.05.14 2019고단3134
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a excavated machine B.

On June 20, 2019, the Defendant driven the above excavation apparatus around 05:50, and moved to the intersection of the bubo-distance from the two-lanes on the side of the 2nd side of the west-gu, Daejeon District Office, along the three-lanes of the 3rd line road on the side of the west-gu, Daejeon District Office.

Since pedestrian signal, etc. is installed at the front of that place, in such a case, the defendant, who is engaged in the driving of the motor vehicle, has a duty of care to safely drive the brake and steering gear and prevent accidents in advance. The defendant, who is engaged in the driving of the motor vehicle, has a duty of care to safely drive the brake and steering gear and prevent accidents.

Nevertheless, the defendant neglected this and proceeded with the road on which the pedestrian signal lights and crosswalks are installed, and did not find the victim C (W, 47 years old) who has dried the crosswalk from the right side of the excavation apparatus to the left side in accordance with the pedestrian signals, and did not find the victim C (W, 47 years old) and got the victim into the front part of the excavation apparatus, and imposed the victim's bridge part on the right side side of the excavation apparatus.

The Defendant caused the death of the victim by occupational negligence on the same day at around 06:30 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of a deceased person or a death certificate;

1. Application of traffic control CCTV-related Acts and subordinate statutes;

1. Criminal facts: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment; Article 268 of the Criminal Act; Article 268 of the Criminal Act; the defendant's negligence in driving an excavated machine in violation of the signal and causing significant results leading to the death of the victim of the excavated crosswalk; and the defendant's bereaved family members.

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