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(영문) 창원지방법원 2020.06.30 2020고단936

교통사고처리특례법위반(치사)등

Text

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

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

(e).

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of cargo B as cargo vehicle.

On November 1, 2019, the Defendant driven the above cargo vehicle around 13:00, and led to three-lanes on the roads 170.3km away from the 3-lane road of Gwangju Daegu Highway, which is located in Geumpo-gu, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-si.

Since the above road has a place where the passage of other vehicles is frequent, there was a duty of care to prevent accidents in advance by safely operating the steering and steering the steering and steering system in a way that the person engaged in driving of the motor vehicle is well able to live on the front side and the right and the right of the motor vehicle.

Nevertheless, in order to change the lane without neglecting this, the Defendant neglected to look at the post-market and neglected to view the post-market, and caused the back part of C(70 years old) driving, which was driven before the Defendant, to the front part of the above cargo vehicle.

Ultimately, at around 17:15 on the same day, the Defendant caused the death of the victim D (V, 65 years of age) who is a passenger of the knife knife car, due to the above occupational negligence, at F Hospital in Daegu-gu E, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs, actual survey reports, death diagnosis reports, appraisal reports, and death diagnosis reports;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act and the Selection of Imprisonment without prison labor;

1. Part concerning the rejection of prosecution under Article 62(1) of the Criminal Act (including the fact that an accident had an impact on knium transfusions, but was not a large accident, and that there was an agreement with the bereaved family members and the defendant’s mistake against the defendant);

1. The Defendant, as stated in the facts charged, suffered injury to the victim C by negligence in the course of business, such as an unknown perjury, for about four weeks of treatment.

2. Determination.