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(영문) 창원지방법원 마산지원 2014.08.27 2014고단483
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14:00 on April 30, 2014, the Defendant was driving C25 tons dump trucks from the Jinju to the vibration-proof level, with a long distance in front of the large village located in the groposium, when the development was made in Changwon-si, Changwon-si.

Since the location is a place where traffic is not controlled, there was a duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily stopping the vehicle for a person engaged in driving service and to drive it.

Nevertheless, the Defendant neglected this and proceeded with it as it was by negligence, and got the right side of the victim D (the age of 65) driving, E, dump truck, which was proceeding from the dump village room to the hump room, as the front part of the dump truck.

In the end, the Defendant caused the victim to die by the above occupational negligence due to the multiple organ damage of the chest clothes in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Reasons for sentencing under Article 62 (1) (Incompetence, etc.) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accident Type II (Death, etc. caused by Traffic Accidents) (Special Mitigation) (Article 62 (1) (Article 62) (Article 62 (1) (Article 62 (1) (Article 62 (2)) (Article 62 (Article 62 (1) (Article 62 (1)) (Article 2 (Article 62 (Special Mitigation)) (Article 6

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