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(영문) 대구지방법원 2014.09.30 2014고단2664
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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 engaged in driving C24 tons of dump trucks.

Around 18:45 on December 9, 2013, the Defendant driven a dump truck and proceeds from the operation of the dump truck at a speed of about 20 km and run down to the right side of the national highway No. 35 lanes in Yongcheon-si, Seocheon-si, the Defendant, as well as the point where the access road to be flowed from the northwest IC is installed, on the right side of the national highway at the time, into the right side of the hecheon-do. The Defendant failed to comply with the duty to observe the lane in the situation of the decline at that time and the surrounding areas, and failed to interfere with the duty to prevent the danger of the accident, and instead, sent the dump truck at the right side of the road and the right side of the road at a speed of less than 20 km, and failed to take the front part of the dump truck at the right side or failed to turn the front part of the dump truck to the left side of the vehicle without operating the dump.

On December 9, 2013, the Defendant: (a) caused the death of the victim H (the age of 71) who was on the back of the instant passenger vehicle by occupational negligence; (b) around December 19:35, 201, at the J Hospital located in the Gyeongcheon-si I of Chungcheongnamcheon-si, Chungcheongnamcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to D, F, and K;

1. A death certificate;

1. Comprehensive traffic accident analysis report;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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