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(영문) 수원지방법원 평택지원 2016.08.25 2016고단747
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment 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 person who is engaged in the duty of driving Category C cargo vehicles.

On January 2, 2016, the Defendant driven the above cargo vehicle on January 13:28, 2016, and led to the driving of the front of Pyeongtaek-si D in the direction of the direction of the virtue.

In such a case, the driver of the vehicle has a duty of care to take necessary measures to ensure that the driver of the vehicle can properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation to accurately operate the steering wheel and the right and the right and duty of operation to prevent the accident from being delayed by taking measures necessary to fix the cargo to be loaded, such as covering the cargo to prevent the cargo from falling out of the vehicle.

Nevertheless, the Defendant neglected to load the cargo loaded with a pipe, and did not take such measures as covering a cover or cutting down the pipe in order to be fixed on the cargo loaded with a pipe, while proceeding normally in the opposite direction of the Defendant’s proceeding.

E-Operation made the hack pipe to be used towards the front glass of the Fsch Rexton car, and made the head part of the Victim G (V, 40 years old) on the top of the kniveton car to be shocked by the above hack pipe.

Ultimately, around February 28, 2016, the Defendant caused the victim to die at the pre-university hospital located in the Dong-gu, Dong-gu, Gwangju Metropolitan City around 21:10 on February 28, 2016 by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the application of sentencing guidelines of Article 62-2 of the Criminal Act for the observation of protection and the order of community service: The scope of recommended sentencing guidelines of the applicable O traffic accident: general traffic accident.

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