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(영문) 수원지방법원 안양지원 2017.05.12 2017고단304
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Punishment of the crime

The defendant is a person who is engaged in dump truck driving.

On January 20, 2017, the Defendant driven a dump truck above around 13:50, and proceeded at the construction site of an expressway tunnel, which is about 2 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 from the m3m m3m m3 m3 m3 m3 m3.

There are parts of the construction site, and there is a duty of care to prevent accidents by accurately manipulating the steering and steering devices to those who are engaged in driving service in the state that the construction site has been located, and there is a duty of care to prevent accidents.

Nevertheless, the defendant neglected this and negligently driven the victim F (72 3) who was walking in the front door by negligence, brought the victim to the front right door of the dump truck driving by the defendant, and followed the victim with the front right door.

Ultimately, the Defendant caused the death of the above victim who was receiving medical treatment at an emergency room of the Gelim University Sung-si, 170 Doo-ro 22, from the same occupational negligence on the same day at around 14:54, the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to the cutting of rolling stock booms images;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The reasons for sentencing under the sentencing guidelines] - The area of mitigation (four months to one year) of types of general traffic accidents (the death or injury of a traffic accident) - Special mitigated person: Non-won of punishment (the decision of sentence] - Unfavorable circumstances: Death of a victim: The occurrence of a serious consequence, i.e., the death of a victim. - favorable circumstances: the defendant is recognized to commit a crime, and the victim’s bereaved family members do not want to be punished. - Other circumstances are difficult to find a victim under the circumstances at the time of the accident.

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