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(영문) 수원지방법원 평택지원 2018.12.14 2018고단1498
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 July 4, 2018, the Defendant operated a dump truck around 09:25, and continued to run a dump truck in accordance with the first way prior to the construction of the dump apartment in the Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, 453.

Since there is a place where the passage of people and vehicles is frequent, there was a duty of care to reduce speed and drive safely by checking well the right and the right of the driver.

Nevertheless, by negligence, the Defendant neglected this and proceeded without living well before it, the part of the body of the victim D (64 ) in front of the Defendant’s truck was shocked to the front part of the Defendant’s truck, thereby exceeding the victim’s floor. The part of the victim’s bridge was served with the front front part of the truck of the Defendant’s seal. As a result, on July 20, 2018, the victim was killed from the Liju University Hospital located in Young-gu, Young-gu, Young-gu, U.S., U.S., 164, to the shock and the prone shock.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] In general traffic accident [the grounds for sentencing] the mitigated area (the imprisonment without prison labor for April to one year), [the person with special mitigation] the degree of negligence (including the efforts to recover damage), the degree of negligence, the result of death, etc., the liability for the crime is not weak, but is recognized and against the mistake, the victim's bereaved family members and the victim's agreement was reached, and after 2005, the fine is imposed.

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