beta
(영문) 춘천지방법원 2014.01.23 2013고단1136

교통사고처리특례법위반

Text

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

However, 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 of a cargo vehicle C2.5 tons.

On October 15:20 on October 15, 2013, the Defendant driven the above cargo vehicles, and turned back the movable resources front of the movable property resources located in Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, 182-24.

In such cases, there was a duty of care to prevent accidents in advance by driving safely while checking whether a person engaged in driving of a motor vehicle is an obstacle or a person in the future.

Nevertheless, the Defendant failed to discover the victim D (year 59) who was in the rear room due to occupational negligence while neglecting this, and continued to proceed with the victim's body part as the loaded part of the above cargo vehicle and without recognizing the accident while going beyond the road, while the Defendant got the victim's body part as the loaded part of the above cargo vehicle, and led the victim's body part with the back wheels of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim on his job by occupational negligence, resulting in the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual condition;

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend lectures [decision of type] Traffic Accident Death [Special Convicts] Traffic Accident Death [including a serious effort to recover damage] - [Determination of the recommended area] mitigated area / [Determination of the recommended area] April to October 4 / [limited to the range of recommendations] reduced area / [general person] half of the amount of comprehensive motor vehicle insurance deposit equivalent to the mitigated amount] - Major reasons for major driving: In the event of negative death or serious injury or escape, or in the event of death.