beta
(영문) 광주지방법원 장흥지원 2015.07.16 2015고단8

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving C concrete pumps 13.5 tons of trucks.

On December 3, 2014, the Defendant driven the above truck, around 09:40 on December 3, 2014, and led to a serious injury to the opposite place of work within the dong-do Intersection 2,000 which is located in the Taecheon-do, Taewon-do.

At the same time, there were many persons moving from the tunnel to the tunnel, and therefore, there was a duty of care to place a person engaged in driving of a motor vehicle in advance, and to accurately check and safely check the rear and rear the situation.

Nevertheless, the Defendant did not discover the victim D (year 58) who enters the tunnel due to the negligence of neglecting this, and did not discover the victim D (year 58) and applied the victim to the back part of the truck to the right direction.

Accordingly, the Defendant caused the victim's death from the above occupational negligence, i.e., the above occupational negligence, namely, by causing the victim to die due to brain damage caused by a combination of two pressures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on the occurrence of a traffic accident, a report on actual condition survey, on-site map, and photograph;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Applicable provisions of Acts to criminal facts and Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of treasury penalties

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] of the sentence of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] general traffic accidents (the scope of recommendations] and the area of mitigation (4 to 10 months) (the special mitigation) [the decision of sentence] of mitigation area (the defendant's decision of mitigation of traffic accidents] are against the defendant's recognition of the crime in this case, the defendant has agreed with the victim's bereaved family members, the comprehensive motor vehicle insurance has been covered, and the defendant has no criminal record of suspended sentence.