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(영문) 창원지방법원 마산지원 2019.01.15 2018고단787

교통사고처리특례법위반(치상)

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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

Criminal facts

The defendant is a person who is engaged in driving of a cargo vehicle B 4.5 tons.

On May 23, 2017, the Defendant, at around 11:31, around 11:31, 2017, driven the cargo from “D” located in Haan-gun, Haannam-gun, and proceeded to the wave-based agro-industrial complex.

A person engaged in the driver's of a cargo vehicle shall load cargo not exceeding four meters from the ground, and shall take necessary measures, such as moving the follow-up vehicle and things damaged to the safety of pedestrians in the course of operating the vehicle, to another place.

Nevertheless, the Defendant neglected to load and operate the cargo at a height of 4.4 meters from the ground in loading the cargo, and caused the communications line and steel powder installed above the above D's 'D' to cut the floor, thereby damaging the floor, and without taking necessary measures, such as safely arranging the steel system and steel control that are immediately cut, even though he knew of such fact, and operated the cargo without taking necessary measures, and due to the negligence in the course of business going out of the site, and at around 11:37 of the same day, caused the fruit to be cut off by 11.5 tons of freight driven by E, which was driven by the above road at around 11.5 tons of freight on the left side of the victim G (Nam, 70 years old), who was driven by the road, and caused the victim to drop it to the road at a level of about 5 meters.

Ultimately, the Defendant suffered a serious injury, such as cutting down below the left-hand knee, where the victim cannot know the number of days of treatment due to such occupational negligence.

Summary of Evidence

1. Legal statement of the witness H;

1. Part of the prosecutor's protocol of examination of the defendant concerning the defendant

1. The prosecutor's statement concerning H;

1. Police suspect interrogation protocol regarding E;

1. Each statement of I, H, J and G;

1. A copy of the opinion regarding G;

1. A gene appraisal report;