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(영문) 창원지방법원 거창지원 2016.10.05 2016고단282

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for six 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

On June 16, 2016, the Defendant driven the above vehicle around 08:50 on June 16, 2016, and turned down the front of the Gyeongnam-gun C road from the deaf road to the road at a speed of about 5 km in speed.

At this point, the passage and the road crossings, and the vehicle loaded by the defendant is about 6 meters of the hack pipe, and about 1.77m of the hack pipe was protruding out of the loading box, so there was a duty of care to confirm the existence of the vehicle passing through a deep examination of the rear and to prevent accidents by accurately manipulatinging the steering direction and brakes.

Nevertheless, the Defendant neglected this and got the victim to move back to the floor by taking out the protruding part of the pipe, which was driven by the victim D (Inn, 64 years old) driving from the right side of the long distance along the road from the rear side of the Defendant’s vehicle, to the right side of the road.

As a result, the Defendant suffered injury to the victim due to such occupational negligence, such as external cerebrovassis, and caused the victim to be transferred to an emergency room of a F Hospital and received medical treatment, which led to the death of the victim due to severe cerebral cerebral cerebral cerebral le, around 09:50.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act takes into account the fact that the defendant has agreed with the bereaved family members, and that the defendant has no criminal record of the same kind