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(영문) 대구지방법원경주지원 2020.08.19 2019고단744
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2.Provided, That the above sentence shall be executed 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 engaged in driving a vehicle B 4.5 tons or more.

On July 2, 2019, at around 12:55, the Defendant driven the above-mentioned vehicle with the drum and finite loaded with the drums on the knive engine on July 22, 2019, and d-7 factory protections in the direction of the racing.

In such a case, since the goods loaded can be seen from the front place, there was a duty of care to thoroughly see the front side and the left and the right of the driver, and accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded with the victim E (34 years of age) who was in the direction of the company in front of the above factory due to the negligence of loading with the drum and the drum to the extent that he can leave the front door.

In the end, the Defendant caused the victims of the above occupational negligence by causing the victims to die with the cryp fage in G hospital located in Ulsan-gu, Ulsan-gu, Seoul-do at around 14:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of accident site photographs, dead body photographs Acts and subordinate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act (Death by Occupational Negligence and Death by Imprisonment without prison labor);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the accident of this case occurred while driving without securing a large amount of goods, and the degree of violation of the defendant's duty of care is serious, and the young age victim has lost the minor life.

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