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(영문) 수원지방법원 성남지원 2015.04.02 2015고단43

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving for C.

On December 3, 2014, around 09:20 on December 3, 2014, the Defendant: (a) installed bitr vehicle at the entrance of the factory in Gwangju-si; and (b) operated the said bitr vehicle to load and unload the iron plates loaded on the said bitr into the factory.

Since the entrance of the above factory was a remote slope to about 10 degrees off, in such a case, the person engaged in driving for the fork driver was only one person within the Working Group, and there was a duty of care to check whether the loaded goods do not cause any accident by loading and unloading of the cargo, focusing on weight.

Nevertheless, the Defendant neglected to gather the marm of the fore and loaded the marm with the steel board, and caused the steel board to lose weight-centered and to fall on the right side, and caused the steel board to face with the head of the victim F.(the age of 63) where the steel board stands on the right side, and caused the said victim to die due to cerebral blood in accordance with the two marries at the site.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement related to G and H;

3. Application of Acts and subordinate statutes concerning autopsys;

1. According to Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, this case’s type of imprisonment without prison labor is that a victim who was in the vicinity of the Defendant was dead due to the Defendant’s negligence, the degree and result of the Defendant’s negligence, and the victim’s bereaved family members wished to severely punish the Defendant. In light of the above, the circumstance where the Defendant purchased a comprehensive insurance and deposited criminal consolation money (which seems to include mental compensation) against the victim’s bereaved family members.