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(영문) 광주지방법원 2013.11.12 2013고단3726
교통사고처리특례법위반
Text

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

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 of a landing season B.

On 17:50 on 07. 09. 17. 09., the Defendant driven the above digging rangeer, and proceeded with the front of the king-ri, Yang-ri, Sinnam-si, Sinnam-si, by moving the front of the king-ri, Sinsan-si, from the Gongsan-si.

In this case, since the field workers were working on the road of one-lanes due to the waterworks reclamation site, there was a duty of care to take care of the future and future, and to prevent accidents by accurately manipulating the steering direction and brakes before moving back to the person who is engaged in the driver of the scambling machine, which is the construction machinery, and to prevent accidents.

Nevertheless, the Defendant neglected this and continued to stop so, and received the victim C(60 years of age) who was later after the excavation period, as the follow-up part of the excavation period.

Ultimately, at around 18:00 on the same day, the Defendant caused the death of the victim due to the cardiopulmonary injury caused by the hairs, hairs, and chest damage at the place of the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The report on traffic accident (1) (2) the actual survey report;

1. The evidence and photographs of each traffic accident;

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the fact that a victim died due to a traffic accident committed by the defendant for the reason of the enhancement of Article 62-2 of the Criminal Act, the fact that the victim has agreed with his/her bereaved family members and that the defendant has no record of punishment of a fine or heavier punishment;

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