A TRUCK driver involved in an horrific fatal crash on the Bruce Hwy has received a suspended prison sentence.
Aaron Richard Sutton was found guilty of driving without due care and attention by Magistrate John Smith, despite denying the charge in Maryborough Magistrates Court.
Sutton was driving a semi-trailer on the Bruce Hwy near Aldershot about 6pm on February 28 last year when he lost control and flipped over in the path of an oncoming Holden Commodore.
A 58-year-old man, Peter Evans, was the passenger in the Holden, which was being driven by his wife.
Mr Evans died as a result of the crash.
Sutton admitted in court that he could have been looking in his rear-view mirror and momentarily taken his attention off the road.
The court heard that due to this momentary inattention, the truck drifted off the edge of the road, and when Sutton over-corrected he lost control of the vehicle and it flipped over.
Police prosecutor Senior Constable Jeanette Grigoris asked for a prison sentence, despite the fact Sutton was charged with driving without due care rather than the more serious charge of dangerous driving.
Mr Smith agreed, and sentenced Sutton to four months imprisonment.
This sentence was immediately suspended, however, with Mr Smith setting a two year operational period for the suspension. Mr Smith also disqualified Sutton from holding a licence for 12 months.
The case had had a lengthy history in court, with the number of adjournments testing the patience of Mr Smith.
In August, Mr Smith told Sutton to stop "wasting the court's time" with adjournments and failing to appear.
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