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(영문) 울산지방법원 2017.09.12 2017고단2579

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a Bmer truck truck truck truck truck vehicle.

On May 10, 2017, the Defendant driving the above cargo vehicle around 08:35, and driving the above cargo vehicle in Ulsan-si, Ulsan-gun, Ulsan-do, along with the parallel parallel parallel parallel of 810 lanes between South, South, North, and South, South, North, and North, at the speed of about 50km from the side of both fire stations.

Since there is a place where limited facilities are installed in the height of passage (3.8m) at the lower side of the South west, the driver had a duty of care to safely fix the string installed in the loading of the cargo vehicle to the person engaged in the driving service, and to safely drive the restricted facilities after checking the height of the transit height, and to prevent the accident by safe driving.

The Defendant neglected to do so and went through without fixing the booms in a safe state, and got a limitation framework on the restriction on height, and the vehicle of the boom truck drivened by the Defendant due to the shock, used the boom truck to left side, and caused the victim E (the 43 years old) who was on board the above booms on June 13, 2017 by covering the cover part of the D boom truck driven by C in the opposite lane, which was driven by C, in the opposite lane, on the top of the D booms truck driven driven by C, and caused the victim E (the 43 years old), who was on board the above booms, to die with pressure of brain (liver) in the emergency room at Ulsan-gu, Ulsan-gu, U.S., U.S.-dong defense circulation.

Ultimately, the Defendant caused the death of the victim E by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A report on the occurrence of a traffic accident, a statement hearing report, a survey report on actual condition, a photo at the scene of an accident, a death diagnosis report, and a diagnosis report;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service orders under Article 62-2 of the Criminal Act;