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(영문) 광주지방법원 목포지원 2014.11.03 2014고단1360
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 service of 13 tons of digging machines B.

On June 30, 2014, at around 09:10, the Defendant started to proceed to the direction of the map at the end of sewage treatment plant in the direction of the map.

In this case, there was a duty of care to prevent accidents in advance by operating heavy equipment in a well-known manner by examining whether a person engaged in the duty of operating heavy equipment is a person in the front left right or right right to run the heavy equipment.

Nevertheless, the defendant neglected this and caused the victim E (n, 59 years of age) who walked on the right side of the course of the excavation search, to go beyond the road, and served the victim's head with the right rear wheels.

Ultimately, the Defendant caused the death of the victim on the spot by occupational negligence, such as two or more saves, and so forth.

Summary of Evidence

1. Defendant's legal statement;

1. A report on a traffic accident (1) and (2) a report on actual condition, a road at the scene of an accident, and a photograph of the actual condition of the accident vehicle;

1. A written appraisal;

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Although there was a serious result of the determination of sentence or the death of the victim as to whether to suspend execution, the court shall take into account the following factors: (a) the defendant's mistake is recognized and reflected; (b) the defendant has agreed with his/her bereaved family members; (c) the motor vehicle comprehensive insurance has been purchased; (d) the defendant has no record of criminal punishment exceeding a fine;

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