logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2012.10.18 2012고단2107
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a employee of C Co., Ltd. who is engaged in driving business of the D having the above company owned.

On August 4, 2011, the Defendant was driving the said car at the workplace of the Daejeon Sung-gu Daejeon C&C Co., Ltd. on August 4, 201, while loading and unloading the entrance of the victim E (52 years of age) who is cargo vehicle from the cargo vehicle.

While loading and unloading work as above, the Defendant loaded approximately one 160 cellular volume (weightly approximately 2.4 tons) on the two-lanes, but the Defendant continued loading and unloading work with the victim's back part of the said forking vehicle, as it was difficult to normally load and unload due to the excessive quibing of the back wheels of the freight.

However, in the event of loading and unloading, the driver of the vehicle for the owner to be in possession of the vehicle has a duty of care to safely drive the vehicle by maintaining an adequate load to be in possession of the vehicle and blocking access by the people within the working group, and thereby, the defendant neglected this duty, and thereby, the defendant neglected the duty of care to prevent the occurrence of the accident, and operated the victim with the fault of operating the vehicle in the back part of the above for the owner, and the above part of the part of the vehicle that did not assist in the weight of the maman steel, and caused the victim who was aboard the vehicle, and continued to drop the victim on the ground floor and continuously divided the victim into the back part of the vehicle.

Ultimately, the Defendant caused the victim to die at the site of cardiopulmonary damage caused by the cage cutting of cage at each side of the instant occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to autopsy reports and autopsy and appraisal reports;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act, the reason for sentencing of the instant accident, which led to the occurrence of a significant and unreparable consequence, such as the death of the victim, and the defendant's vehicle driven.

arrow