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(영문) 대구지방법원 상주지원 2015.12.22 2015고단514

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a B-to-car.

On August 7, 2015, at around 13:20, the Defendant parked in the front hole of the Jacheon-gu Office of the Jacheon-do, Gacheon-gun, Chungcheongnamcheon-do and became a driver.

Since there is a fluorical branch of a downhill, a person engaged in driving of a motor vehicle has a duty of care to maintain the state of stopping of the motor vehicle by thoroughly maintaining the brake system when he/she leaves the driver's seat.

Nevertheless, while parking the said car, the Defendant served the victim C (the age of 81) who walked on the rear side of the mast vehicle due to negligence when the said car was pushed away from the driver's seat without properly operating operation operation devices, such as string string strings, etc. after stopping the car while driving the car at the same time.

Ultimately, the Defendant suffered from the injury of the above victim, such as scarke, due to the negligence in the above business, resulting in the death of the above victim due to the heart suspension around 1:37 on October 6, 2015 during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act;

1. The sentence shall be imposed as ordered in consideration of the following factors: Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, which has no record of criminal punishment against the defendant for the reason of sentencing; the defendant has agreed smoothly with the victim's bereaved family members; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case,