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(영문) 창원지방법원 진주지원 2016.05.03 2016고단178

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant driven a vehicle of Bwing and C freight around 10:58, and proceeded at a speed of about 20 to 30km from the direction of the police box, which is located in Gyeongnam-gun C, by driving the vehicle of the truck of Bwing and C, which is located in Gyeongnam-gun C.

At the time, the state of rain and the road was milched, and the surrounding areas were congested in the stage, so there was a duty of care to prevent accidents in advance by driving safely by checking the front side and the left and right well.

Nevertheless, the Defendant neglected this and did not discover the victim D (e.g., age 71) who crosses the left from the right side of the course to the left side by his negligence without examining the front side and the left side, and had the victim go beyond the ground as the front part of the cargo vehicle.

Ultimately, on January 29, 2016, the Defendant caused the death of the victim in an emergency room of a university hospital located in Jinju-si, Gangnam-do, 79, Jinju-si on January 29, 2016 due to the foregoing occupational negligence, resulting in the death of the victim due to two injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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 (it shall be taken into consideration the fact that an accident occurred during the unauthorized crossing, the fact that the bereaved family has agreed with the defendant, and the fact that the defendant has no criminal history