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(영문) 수원지방법원 2016.12.15 2016고단6151
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving C.T. 3.5 tons of cargo vehicles.

At around 16:10 on July 2, 2016, the Defendant temporarily stopped the above cargo vehicle in order to place the goods on the passenger vehicle owned by the Defendant, which was parked in the vicinity of the Defendant, in advance, at the 101 side of the Suwon-gu D apartment, Suwon-gu, Suwon-gu, Suwon-gu.

At this point, there is a lot of slope, and there is a lot of traffic of pedestrians and vehicles, and the cargo vehicle has a lot of water of about 1.6 liters, so there was a duty of care to prevent accidents in advance by safely stopping the vehicle or operating the brakes properly.

Nevertheless, the Defendant neglected to do so and did not extract the key of the above cargo vehicle as seen above, which led the front wheels to move on either side or left, and did not install a height trees. The above cargo vehicle is turned off to the right side of the cargo vehicle due to the negligence of stopping without accurately verifying the state of the flag. The back part of the ErocketingIa car, which was in the process, was moved to the front side of the above cargo vehicle. Accordingly, the victim H (50 years old), who was going after the above cargo while proceeding in the direction of the right side of the cargo, was faced with the victim H (50 years old), who was going into the right side of the cargo vehicle at the entrance of the Suwon-gu Fra, leading the victim to the above wing part and the rear part of the cargo and the front part of the above cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Aju University Hospital located in Young-si, Suwon-si, Suwon-si, 164 on the same day due to the above occupational negligence, such as cutting the bridges from both sides.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons involved in the traffic accident of I, J and K;

1. A corpse of corpse;

1. A written appraisal;

1. Application of statutes on site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Article 1.1.

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