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(영문) 수원지방법원 평택지원 2019.07.25 2019고단711
교통사고처리특례법위반(치사)
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving the track machine "M9540 Tracker".

On March 28, 2019, at around 12:50, the Defendant loaded the front Track (200cm x 101cm in length x 122cm in height x 122cm in front of the Track) with the victim B (n, 54 years in age) and proceeded with the near D farm located in Ansan C.

At all times, the road surface was unfolded, and the front load was used to load agricultural products or goods. As such, a person on the front load part of a vehicle, such as a Tracter, is not a person on the front load part, and there was a duty of care to prevent accidents in advance by accurately operating the Tracter and the steering and steering system while driving the Tracter.

Nevertheless, the defendant neglected this and proceeded as it is, due to the negligence of the defendant, caused the victim to fall down on the floor in the process of moving the Track in the upper right, and caused the victim's head head to the front of the Track.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in a lump sum, a lump sum, and a laverververization.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the Defendant’s liability for a crime shall not be mitigated in that the cause of the death of the victim is serious.

However, the victim's bereaved family members agree with the victim's bereaved family members who have led to the occurrence of the accident, and the victim's mistake on board the ship, which led to the confession of the crime of this case and reflects their depth.

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