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(영문) 부산지방법원 2015.02.09 2014고단9186
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving C25.5 tons of dump trucks.

On October 18, 2014, the Defendant was driving a dump truck around 08:15, and was moving back to the site of the construction site in order to expand it to the vicinity of the viewing company and to enter the site of the construction site near the 101-dong-gu, Busan.

Since access roads to the construction site are adjacent to the delivery by pedestrians, there was a duty of care to prevent accidents by making it possible for drivers to look at whether there is a pedestrian in the rear side.

Nevertheless, the Defendant neglected to do so and caused the death of the victim E (M, 66 years old) which was placed on the right side of the dump truck with the back wheels of the dump truck as the left side of the dump truck.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on actual condition investigation, a traffic accident occurrence report, field photograph, investigation report (verification of CCTV for crime-prevention), CCTV-cape photograph;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. The reasoning for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] General Traffic Accident Punishment Type 2 (Special Mitigation in April to October) [including efforts to recover from traffic accident] Punishment and Non-Punishment (including serious efforts to recover damage] [decision of sentence] Defendant has reached an agreement with the bereaved family members of the victim, Defendant reflects the fact that Defendant is a victim, and Defendant has no criminal records subject to punishment beyond a fine. It is so decided as per Disposition for the above reasons.

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