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(영문) 부산지방법원 2017.06.15 2017고단509
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 B 15 tons concrete mixtures trucks.

On August 12, 2016, the Defendant driven the above truck around 09:05, and proceeded toward the direction of the intersection from the mountain tunnel to the intersection of the mar in the direction of the mountain tunnel at the construction site of the mountain tunnel located in the north-gu Busan Metropolitan City.

A person engaged in driving service has a duty of care to safely drive by accurately operating the steering direction and brake system, which well sees the front, rear, and left.

Nevertheless, the Defendant neglected to do so and caused the damage to the victim C (53) working after the concrete pumps which were parked on the rear side of the above concrete mixing truck by negligence, and caused the damage to the victim without discovering the victim C (53) as it is. The Defendant mined the victim into a pipe between the above concrete pumps truck and concrete mixtures truck.

Ultimately, the Defendant caused the victim's death by occupational negligence as soon as possible in a tensiond sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. Application of Acts and subordinate statutes to traffic accident reports, death records, on-site, and photographs of harming vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), and selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Code of the Social Service Order and the defendant's negligence caused a serious result leading to the death of the victim.

However, there was a conflict between the defendant and the bereaved family of the victim.

After 199, no previous offense has been committed.

Other punishment shall be determined as per the disposition, in consideration of the age, character and conduct, environment, etc. of the accused.

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