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(영문) 수원지방법원 성남지원 2012.12.27 2012고단2136
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Class B trucks.

At around 10:30 on April 2, 2012, the Defendant parked the above vehicle at the parking lot in front of 1492, Jung-gu, Sung-gu, Sungnam-gu.

However, since the parking of the vehicle without accurately coordinating the brakes on the side of the vehicle due to the direction of the vehicle, there is a duty of care to safely maintain the state of the vehicle's stop, such as parking and extinguishing the vehicle's vision and checking the brakes when leaving the driver's seat, and thus, there is a duty of care to safely maintain the state of the vehicle's stop.

Nevertheless, the Defendant neglected to park and left the driver's seat without operating a divers, and neglected to do so, caused the body of the victim C (V, 77 years old) who is a pedestrian who passed the place where the said vehicle was pushed down, while the vehicle was pushed down, to have the body of the victim C (V, 7 years old) as the rear part of the said vehicle.

As a result, the Defendant suffered from the Defendant’s occupational negligence in the above 32 weeks of a wound in need of medical treatment. On October 10, 2012, at Annuria Hospital located in the 3rd side of the member-gu, Ansan-si, Ansan-si, the Defendant caused the death of the victim with his/her parosis.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A medical certificate or death certificate;

1. Application of the traffic accident reporting Acts and subordinate statutes;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant reflects the crime of this case and agrees with the injured party, that there is no particular criminal record other than the punishment of a fine for violating the Act on Special Cases concerning the Settlement of Traffic Accidents in 2006, and that the punishment shall be determined by taking into account the character, conduct, family environment, attitude after the crime, etc.

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