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(영문) 수원지방법원 2016.06.15 2016고단1687

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle that collects waste from a IM-friendly waste-friendly vehicle.

On February 4, 2016, the Defendant: (a) driven a waste collection vehicle above 10:05, and stopped the front side road of 57 m. 7 m., 754 m., as the border water in Suwon-si, Suwon-si; (b) stopped in order to remove waste in the direction of the light apartment in the direction of the shot-si, the Defendant started to depart about 10 m., as soon as possible.

At this point, there is a narrow width and a large number of houses in the vicinity, and thus, in such a case, there was a duty of care to safely drive a vehicle to prevent accidents, such as checking whether there is a person walking on a side-road by checking well the right and the right prior to departure of the driver.

Nevertheless, the Defendant neglected this and left the right and left by the negligence of the Defendant who started without properly examining the right and left, left the above side road from the left-hand side of the Defendant's running direction, and got the victim D (W, 85 years old) to go beyond the floor before the left-hand side of the Defendant's garbage removal vehicle, and put the victim's body into the front left-hand side of the Defendant's garbage removal vehicle and the rear wheels.

In the end, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the corrosion in the clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes on the CCTV screen to a CCTV image closure;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing] (the scope of recommendation] and Article 62(2) of the Act on the Suspension of Execution (the period from April 1 to year), the mitigation area (the period from April 1 to year), which is not subject to punishment (the period from which a person subject