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(영문) 수원지방법원 2016.06.29 2016고단1068
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 person who is engaged in the duty of driving a stable truck of 25 tons of treatment C.

On February 5, 2016, the Defendant driven the said vehicle at a place of work within the 76-31 square meters of a hot spring (ju), in the fluoral resource, at around 13:25, in order to proceed in the future at a speed of about 10km per hour.

Since other employees at the time walk in the above workplace, in such a case, the Defendant engaged in driving service had a duty of care to drive safely by checking the front door and the left and right well.

Nevertheless, the defendant neglected the above duty of care and went back to the left side by the negligence that was going in the same direction, and the victim D, an employee of the above father resource, who was walking in the same direction, was faced with the side of the above car driving by the defendant, and continued to go back to the second wheels of the left side.

As a result, the Defendant neglected the victim by occupational negligence and caused the death of the victim due to brain damage around the above time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on site photographs;

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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no person who does not have a basic area (eight months to two years) [the person who is subject to special sentencing] [the sentence] unfavorable circumstances: the normal circumstances that are favorable to the result of the victim's death; the fact that the victim's death seems to be against depth; the fact that the victim's deposit KRW 25 million for his/her bereaved family members; the fact that there was a negligence under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

No. 3.

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