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(영문) 창원지방법원 진주지원 2017.08.08 2017고단310

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of a sentence shall be suspended for three 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 of a c-spoke-spond-spond-spond-spool.

On April 1, 2017, the Defendant driven the above cargo vehicle at around 09:50, while driving along the road of the front direction E in Sacheon-si D from the direction of Sacheon-Eup to the port of Samcheon-do, the Defendant stopped on the right side of the course to ask for the way, but proceeded along the opposite line beyond the median line.

There is a place where the center line of the yellow domin line is installed, and there is a duty of care to safely proceed with the driver of the motor vehicle, such as making it possible for the driver of the motor vehicle to look at the passage of another motor vehicle and making a U-turn at the place where the driver of the motor vehicle is permitted.

Nevertheless, the Defendant neglected this and got off the part of the driver's seat of the above cargo vehicle that was driven in the same direction as the driver's seat of the victim.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the emergency room of a university hospital in Jinju-nam-ro 79, Jinju-si, Jinju-si, on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A death diagnosis report or postmortem report;

1. A report on investigation (such as the condition of a corpse) and a photograph of change of the corpse;

1. A report on the occurrence of a traffic accident, or a photograph at the scene of the accident (the scene of the accident, the identity of the perpetrator, and the damage;

1. Application of each actual survey report, on-site photographs, and statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - Unfavorable circumstances: The victim has died, resulting in his/her death - Circumstances favorable to him/her: A confession of crime, reflectivity, non-conformity with punishment, or no previous crime