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(영문) 부산지방법원 동부지원 2018.08.09 2018고단951

교통사고처리특례법위반(치사)

Text

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

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 dump truck driver.

On February 23, 2018, the Defendant driven the above truck at around 10:25 on February 23, 2018, and arrived at the construction site of the apartment apartment in Kimhae-si and unloaded the earth and sand of the boarding box.

Victim E (the South, 58 years old) removed the remaining soil and sand in the loading of the Defendant’s vehicle from the Defendant’s vehicle to the inserting of the vehicle.

In this case, the defendant correctly operated the truck's brake system so that the vehicle can not drive or load the vehicle, despite the fact that he had a duty of care to prevent the vehicle from driving or loading, but is taking place in put and put in put and put in order socc, the above vehicle is now going on the wind, and the defendant was rapidly going on the wind, and the victim's head, who was under his supervision, was able to close down with the shock, and the victim's head, who was under his supervision.

Ultimately, the Defendant caused the victim to die from the workplace due to the injury of external wounds by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a traffic accident report, a report on the occurrence of a traffic accident, a report on actual condition investigation, a photograph related to an accident, a photo of an accident-related vehicle image, a body inspection report, and a report on investigation (verification of black stay images);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture or the order to provide community service order resulted in the death of a victim who was under the order to shut down his/her cover of the truck on his/her own as soon as possible, and caused the death of the victim. The crime of this case is very heavy, and the defendant requested the victim to remove the remaining soil and sand from which he/she directly loaded the truck.