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(영문) 창원지방법원 진주지원 2015.01.27 2014고단1102

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 15, 2014, the Defendant driven the above cargo vehicle on November 15, 2014, and proceeded with a long distance above the Office of Education of the Busan-si, Busan-si, Busan-do, from the yellow dust flood range to the area of the Clean Medical Center.

In this case, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle with a duty of care to live well on the front side and left side and safely drive the motor vehicle.

그럼에도 불구하고 피고인은 전방주시의무를 게을리 한 채 만연히 진행한 과실로 때마침 피고인 차량 진행방향 맞은편에서 교차로에 진입하여 좌회전 하고 있던 피해자 D(78세)이 운전하는 E CT100 오토바이 앞바퀴 우측 부분을 피고인 차량 앞 범퍼 우측 부분으로 들이받아 피해자와 위 오토바이에 동승하고 있던 피해자 F(여, 73세)가 튕겨서 도로에 떨어지게 하였다.

Ultimately, at around 19:18 on November 5, 2014, the Defendant, by occupational negligence, caused the victim F to death in the ordinary hospital emergency room at the Jinju-si, Jinju-si, the low blood transfusion shock, etc., and around 20:45 on November 5, 2014, the victim D was the victim D from the ordinary hospital emergency room at the Ginju University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Sites and photographs of traffic accidents;

1. Application of Acts and subordinate statutes to each death certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. While the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing"), the defendant neglected to perform his/her duty of care in advance and the result of the death of both the two victims is very serious, the defendant committed his/her crime on the other hand.