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(영문) 창원지방법원 마산지원 2020.01.07 2019고단1013
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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 a dump truck.

On July 10, 2019, around 10:30 on July 10, 2019, the Defendant suspended a dump truck with a stop signal while driving the dump truck without obtaining a driver's license in approximately 63 km section from D to Egyp in Changwon-si, Changwon-si.

The Defendant was driving a dump truck at a location higher than that of a passenger car in general, and there was a dump truck with a sump truck installed with a sump to secure the view of the area of the blind spot, so there was a duty of care to check whether there is a pedestrian by properly examining the dump truck with a sump truck.

Nevertheless, the defendant neglected this and did not confirm that the victim F (the age of 88) is moving back to the right side of the defendant's dump truck without checking that the victim F (the age of 88) passes from the right side, and the defendant's dump truck passed over the floor by receiving the victim by negligence, and led the victim who suffered from the typ truck to the direction of progress about about 40 meters.

Ultimately, around 11:29 on July 10, 2019 due to the above occupational negligence, the Defendant caused the death of the above victim due to the damage of the part of the symptoms during the back-of-service treatment from G Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Photographs related to accidents;

1. A death certificate;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a sentence, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and 38(2) and 50 of the Criminal Act [Article 50 of the Criminal Act shall apply mutatis mutandis to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty (the two crimes

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