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(영문) 창원지방법원 거창지원 2014.04.23 2014고단65

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for 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 of one ton cargo vehicle B.

On January 6, 2014, at around 11:05, the Defendant came to turn to the left at a speed of about 5 km per hour, depending on the one-lane from the dong-si to the seat of the Dong-si Office of Dong-si.

On the other hand, there are three-distance crossings in which traffic control is not performed, so there was a duty of care to check whether a person engaged in driving service has a vehicle, etc. by reducing the speed or temporarily stopping, and to drive the vehicle.

Nevertheless, if the defendant neglected to do so and proceeded as it is, the defendant did not find out the ozone part which was driven by the victim C (V, 69 years old) who was operating on the right side from the left side of the defendant's vehicle and was driving on the right side, and received the front part of the above ozone part as the front part of the defendant's vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, which was caused by the brain death while being receiving treatment from the E Hospital located in Jinju-si around January 7, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual survey report, and a traffic accident record and photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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 (i.e., the confession, the fact that the defendant paid an agreement and agreed with his/her bereaved family members, and the fact that the defendant has no record of committing any crime for the last 30 years);