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(영문) 대구지방법원 포항지원 2017.06.21 2017고단437
교통사고처리특례법위반(치사)
Text

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

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 dump truck driver.

On March 2, 2017, the Defendant driven a dump truck above 08:00, and proceeded with the quality test of 202R in Posco located at the south-gu 6261, south-gu, east-gu, east-gu, east-gu, and one lane in front of the materials test and the entrance room.

There are many places where the traffic of ordinary vehicles or otobs is high, and so, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating and operating the steering and brakes well.

Nevertheless, the Defendant neglected to perform his/her duty in the front of the same lane due to negligence, thereby resulting in the death of the injured party’s dump trucks due to brain damage caused by the dump trucks at the site of the accident, around 08:25 on the same day by taking the rear part of the dump truck, which was proceeding at the same lane.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

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 conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that an agreement is reached on the payment of KRW 30 million to the bereaved family members, the fact that an automobile comprehensive insurance is subscribed to, and the closure of construction machinery business and the disposal of vehicles and the prevention

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