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(영문) 창원지방법원 통영지원 2017.02.15 2016고단1983
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a concrete mixture truck.

On November 12, 2016, the Defendant driven the above truck on around 07:34, and stopped at the edge of the “D” road located in C at the macro-market.

At the time, the passage of pedestrians is frequent. At the time, the victim E (V, 69 years of age) was walking along the above truck in the front side of the instant truck and the front side of the driver’s seat of the said truck, and thus, there was a duty of care to check whether a person engaged in driving business is a person who well sees the front side and the right and the right and the right and the right and the right of the vehicle and to prevent the accident in advance by driving it safely.

Nevertheless, the Defendant neglected this and proceeded with the victim as the part front of the right part of the truck, and served as the front part of the right part of the truck, and served as the victim going beyond the ground as the front of the right part of the truck.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the dubation of two traumas in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on internal investigation:

1. Application of a survey report on actual condition, on-site photograph of a traffic accident, photograph of a deceased person, body death certificate, CCTV-cape photograph, and guidance-related Acts and subordinate statutes;

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. Article 62(1) of the Criminal Act (in consultation with the bereaved family members of the victim, the victim is not subject to punishment, the defendant is not subject to suspended execution or more, and the defendant is against the law;

(2) The decision is delivered with the order for the reasons above.

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