(영문) 춘천지방법원 강릉지원 2016.09.29 2016고단942

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2016.09.29 2016고단942

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 mining worker working for dump drivers at the C Team as a member of GMC Co., Ltd., and is a person engaging in driving a D27 tons truck as a mining machine.

On June 3, 2016, at around 17:40, the Defendant driven the above truck and proceeded with the site within the place of business of GMC Y Ba, Inc. located in the 151-dong-dong-dong-dong, Inc., which was located in the 151-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Since there are other vehicles and workers working on the site of the above workplace, in such a case, the truck is driven after confirming that the operation of the above truck, which is a mining machine, does not pose any danger to the nearest people, and it is done in the area with poor visibility by sounding the horn, etc., and the driver has a duty of care to safely drive the vehicle by keeping the front door and left door well.

Nevertheless, the defendant neglected such duty of care and caused the victim E (54) who was on the front right side of the truck to go beyond the floor by taking the victim E (54) who was on the front right side of the truck and proceeded with the front right side with the victim.

After all, the Defendant violated the duty of mining workers as above, and caused the victim to die due to a prolonged stop due to internal heat in the same job due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual condition and on-site photographs;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes approving new installation and extension of mining machinery of the vehicle system;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation and real negligence, the choice of imprisonment without prison labor), Article 25 Subparag. 1 of the Mining Safety Act, and Article 6(1)2 of the Mining Safety Act (the duty to ensure the safety of the exhibition of mining machinery operating.

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