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(영문) 대구지방법원 영덕지원 2019.05.29 2019고단23
교통사고처리특례법위반(치사)
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 a dump truck.

On February 1, 2019, at around 15:53, the Defendant started the dump truck, which was parked in the factory sites adjacent to the Gulgjin-gun, Ulsan Metropolitan City, and continued to proceed to the road.

At the time, the place was a dump truck installed in a house, and the Defendant intended to enter the road by operating the dump truck. In such a case, there was a duty of care to start a dump truck safely after checking the surrounding circumstances and checking whether there is any person in the surroundings.

Nevertheless, the Defendant neglected this and started dump truck as it is without sufficiently examining the surrounding areas, and caused the victim D (Mump truck, 64 years old) who was walking around the dump truck by shocking the victim's head toward the right side of the dump truck, leading the victim's head to the dump truck, and led the victim's sump truck to the right side of the dump truck.

Ultimately, around February 1, 2019, around 15:52 on February 1, 2019 by occupational negligence, the Defendant caused the victim to die in the alley of a multi-stroke.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reports on internal investigation and reports on investigation;

1. Reports on the occurrence of a traffic accident, a report on actual condition, a detailed statement on the processing of each 112 reported case, a dispatch order, an emergency medical service worker, and a next inquiry;

1. A corpse of corpse;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. Traffic accidents according to the recommended sentencing guidelines (the determination of types). General traffic accidents:

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