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(영문) 창원지방법원 통영지원 2014.04.23 2014고단113

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 who is engaged in driving a cargo vehicle called C25 tons.

At around 10:20 on January 27, 2014, the Defendant turned down at a fluorous speed in the powders storage place of (ju), high-labeling powders located in 190 Masan-gun, Masan-gun, Masan-gun.

It is a place where the entry of large cargo vehicles is frequent. Since D5 tons of Medi truck was stopped on the rear side of the Defendant’s vehicle, there was a duty of care to prevent accidents, such as accurately operating the steering gear and operating the steering gear, and safely moving the vehicle to a person engaged in driving the vehicle.

Nevertheless, the defendant neglected this and did not discover the victim E (ma, 53 years old) who was washing the front glass of the above main truck truck vehicle on the rear side of the defendant's vehicle, and loaded the cargo onto the defendant's troke, and had the victim take the seat of the victim's body, and had the victim take the seat of the cargo onto the defendant's troke, and had the victim take a pressure between the front part of the truck and the front part of the truck.

Ultimately, at around 10:56 on the same day, the Defendant caused the victim's death by occupational negligence, from the G Hospital emergency room located in the G Hospital F in the Gesung-gun F, by the heart pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The application of Acts and subordinate statutes concerning a traffic accident report, a traffic accident report, a actual condition survey report, a site photograph, a body autopsy report, an investigation report (to hear statements by shootings and 112 reporters), and an autopsy protocol report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (i.e., confession, reflectivity, vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance and agreed with the bereaved family of the victim).