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(영문) 전주지방법원 2017.03.23 2016고단2173
업무상과실치사
Text

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

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 a truck truck truck truck vehicle with treatment C treatment 14 tons.

On September 20, 2016, around 02:00, the Defendant parked the above cargo vehicle on the right side of the road in front of the E, which is located in D, North west-gun.

At night, there was a danger of an accident, such as that the vehicle's body accounts for more than half of the above road when parking the vehicle on the side of the vehicle is parked in a way that is prohibited by spirits, and that other vehicles are forced to run along the central line. Thus, the defendant should not park on the side of the above road, and even if parking is inevitable, he has a duty of care to take measures to ensure the safe driving of other vehicles by installing safety signs on the side of the road or displaying a light or a light, etc. on the side.

Nevertheless, the Defendant did not take any safety measures, and caused a G Stwit-type car driven by the Victim FF (27 years old) who driven the above road from the right side of the above road at around 03:00 on the same day on the same day by the negligence that parked the above cargo on the right side of the above road, and caused the said passenger car to be followed by the rear part of the above cargo vehicle.

Ultimately, the Defendant caused the above victim’s death by occupational negligence by causing the victim H(21) who was on board the said car to have boom two dubs (two dubs) from the said job, and causing the victim’s death from the said job to the dubs (21).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a survey report on actual condition, an accident site photograph, and a corpse death certificate;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment against a victim H with a heavier penalty for committing a crime shall be imposed on his/her duties and a punishment specified for committing a crime of negligence);

1. Selection of imprisonment without prison labor for the option of punishment;

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