logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.04.26 2016고단245
교통사고처리특례법위반
Text

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

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving Korea-mar 14 tons of grassland trucks.

On December 09, 2015, the Defendant parked the above truck in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, which was installed in the above truck, and had the Defendant conduct brickd work using a mechanic installed in the above truck.

In such cases, the driver of the vehicle has a duty of care to prevent accidents from moving the vehicle during the string work by installing the wheel of the vehicle and the string part of the string and the string part of the string.

Nevertheless, Defendant 1 did not install the quith of the above truck and the part of the shacker part of the hacker part of the above truck with the string of the above truck, and the head part of the victim E (65 years old) was shocked, and the body part of the victim head was kid between the wall surface of the construction site and the part of the above truck.

Ultimately, the Defendant caused the death of the victim due to the cerebral cerebral cerebralop and brain injury by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement prepared by the F;

1. Reporting of safety accidents;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents Type 2 (Death, etc. by Traffic Accidents), the mitigation area (4 to 10 months) [including special mitigation persons] the reduction area (including efforts to recover damage), the reduction area (including the decision of sentence] the imprisonment without prison labor for 10 months, the suspension of execution 2 years (in opposition, the agreed fact, the agreement, the first offense, etc.);

arrow