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(영문) 광주지방법원 해남지원 2016.08.11 2016고단178
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 driving of B Poter cargo vehicles.

On April 14, 2016, the Defendant driven a cargo truck of the above Poter on April 14, 2016, and proceeded with a one-lane road in Jindo-gun C, Jindo-gun, Namnam-gun, with a gold-do area from the front side of the wall to the gold-do area.

At the time, the cargo loaded on the cargo loaded on the cargo was connected to the cargor, and in such a case, there was a duty of care to take necessary measures such as installation of safety devices to prevent the cargor connected to the cargo from departing from the proceeding.

Nevertheless, the Defendant neglected to do so and caused the victim D (41 S) to get off the cargo vehicle so that the said cargo vehicle does not deviate from the course of the vehicle, and caused the said cargo vehicle to go out of the course of the opposite line, and when the said cargo vehicle went out of the course of the opposite line, it was fright away from the opposite line at that time.

E The F-Poter cargo cars driven by E are set up, and the E-Poter has re-victimd the victim and got the victim over the floor.

Ultimately, the Defendant caused the death of the victim at the H hospital emergency room located in Jindo-gun G on the same day by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made to I by the police;

1. Written statements of the J related to traffic accidents;

1. A death diagnosis certificate (D);

1. On-site photographs, on-site photographs, death photographs of victims, photographs and photographs of the structure for transport;

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

1. Application of Acts and subordinate statutes to report internal investigation (in relation to structures for transport, on-site investigation) (the re-existence of photographs of the death report); investigation report (in relation to structures for transport)

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. Grounds for sentencing under Article 62(1) of the Criminal Act 1.

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