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(영문) 수원지방법원안산지원 2020.09.17 2020고단1408
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 of Bmerpt 4.5 tons of cargo vehicles.

At around 12:00 on March 1, 2020, the Defendant parked the freight vehicle above the five-lanes on the five-lane road in the front of D in C at Silung-si, Seoul.

At the time, since there was a place where parking or stopping is prohibited at night, there was a duty of care to prevent accidents in advance by allowing drivers operating the above road to recognize the existence of the above cargo vehicle in advance, such as not parking the cargo vehicle on the road where stopping is prohibited, or setting safety signs or warning after a certain distance from the rear in parking.

Nevertheless, without taking any measure, the Defendant, at around 21:45 on the same day by negligence in the course of business, parked the above cargo vehicle on the three-lanes of the above road, caused the victim FF to find the above cargo vehicle late from the nearest distance of the D, while driving the vehicle on the off the off side of the D, and caused the victim FF to receive the rear part of the above cargo vehicle on the back side, and caused the death of the said cargo vehicle due to the late stop, which was caused by the shock.

Summary of Evidence

1. Report on the occurrence of a traffic accident in relation to the defendant's legal statement G on the police's statement, the report on the traffic accident, the photograph of the reporter's taxi stude image image, and the application of Acts and subordinate statutes governing the examination of the body of a photograph at the scene

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 fact that the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution results in the death of a victim due to negligence in the violation of the parking and stopping of the cargo of the defendant, etc. is favorable to the defendant, but it is favorable to the defendant, such as the fact that the defendant recognized the crime and misjudgmented the defendant, and that the vehicle of the defendant was covered

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