(영문) 부산지방법원 2014.12.11 2014고정4844

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자간(%)

(영문) 부산지방법원 2014.12.11 2014고정4844

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Under B, the Defendant is a driver who has been in charge of C (cargo, 4,041t) cargo upper and lower cargo.

At around 06:00 on March 15, 2014, the Defendant, using a vehicle (16t) to have C enter the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port.

At around 13:00 on the same day, the victim E passed the cargo hold after confirming the next work site, moved from the stern to the player, and the defendant entered the cargo hold in the situation where it is difficult to secure the view by entering the container (as approximately 5.5t) loaded on the five 5 parts of Hanjin land.

In such cases, the defendant is a person engaged in cargo and cargo landing using the fore vehicle and has a duty of care to secure a view view by using the fore-and-side mirror or the back-side camera to reduce the range of a blind spot and to check the movement of other workers and safely drive the vehicle to prevent accidents in advance.

Nevertheless, at around 13:30 of the same day, the defendant got about 18 meters back without fulfilling his duty of care, and the victim E who was moving from the cargo hold to the player was not discovered, and was left back to the left side of the next left side.

Accordingly, the defendant laid off the victim E at the site of the damage of pressure diversification, such as lupage and lupage of the victim E, lupture of the two openings, chupation of the chest, chupture of the chest, internal organs, and pressure rupture of the two mouths.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on the case records

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. A workhouse;

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

유사 판례

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