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(영문) 창원지방법원 2016.09.23 2016고단1849

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for a period of 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 of B bitr cargo vehicles.

On December 30, 2015, around 05:50 on December 30, 2015, the Defendant driven the said cargo while driving the said cargo in order to load it within cement factories located in Sungwon-si C, Sungwon-si, and proceeded at the speed from the cement loading to the sea.

At night, the driver's seat of the above cargo vehicle was located at a high place from the ground, and thus, the driver's seat of the above cargo vehicle had the duty to accurately manipulate the headlight to secure the view, and to safely operate the steering gear, brakes, and to prevent accidents in advance by operating the steering gear and brakes accurately, despite the duty of care, the defendant neglected to do so while driving it on the front side of the above cargo vehicle, and led the victim D (66 years) who was walking along the above cargo (6 years) which was driven by the defendant due to the negligence of the defendant's negligence, and led the victim D (66 years) who was walking in the front side of the above cargo vehicle to the left-hand wheels of the cargo vehicle.

In the end, the Defendant caused the death of the victim due to the above occupational negligence by cerebral cerebrovascular or cerebral typhism in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes to transmit screen pictures after investigation reports (verification of dynamics to improve the quality of nation and water), and closures;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of the recommended punishment] shall not be punished in the area of mitigation (from April to October) (the area of mitigation of traffic accidents in the range of special mitigation];

2. The instant case where the Defendant, who was determined to be sentenced, operated without turning off the discharge lamps.