(영문) 부산지방법원 동부지원 2019.11.21 2019고단1772

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(영문) 부산지방법원 동부지원 2019.11.21 2019고단1772

교통사고처리특례법위반(치사)

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

However, the execution of the above punishment shall be suspended for 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 driving of B 25 tons of dump trucks.

On April 17, 2019, the Defendant driven a dump truck on April 17, 2019, and continued two-lanes of the two-lanes in front of the D in Busan Shipping Daegu C, along the boundary of the luminous intersection, from the luminous intersection to the tump intersection.

In such cases, the driver of dump truck had a duty of care to prevent accidents in advance by accurately manipulating the dump truck and the left and right and safely operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and driven a dump truck without examining 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 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 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 the right and the right and the right and the right and the right and the right and the right and the right are

Ultimately, the Defendant received the victim from the above occupational negligence and lost the center, and served the victim beyond the road with the rear wheels part of the dump truck's right side, resulting in the death at the site of multiple types of damage, such as dump pulverization.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A traffic accident report (1) (2), a traffic accident occurrence report, or a statement on the occurrence of a traffic accident;

1. Certificates of autopsy;

1. Application of Acts and subordinate statutes to site and photographs of the accident site and on-site photographs at the time of the accident;

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;

1. An order to attend a lecture or an order to provide community service is against the Defendant’s disadvantage, such as the following: (a) the Defendant’s error in sentencing Article 62-2 of the Criminal Act led to a serious result leading to the death of the victim; and (b) the Defendant has a number of criminal records, including

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