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(영문) 창원지방법원 거창지원 2019.09.11 2019고단228

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 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 a 5-ton cargo vehicle B.

On March 21, 2019, the Defendant driven the above cargo vehicle on March 21, 2017:45, and proceeded to turn to the left at the direction C from the sacheon-distance Protection Zone.

Since there is a signal, there was a duty of care to safely drive a vehicle in accordance with the new subparagraph after checking whether there is another vehicle driving by reducing speed and checking the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and received the front panion of the E-car driven by the victim D (the age of 59) who is proceeding with green signals at the same level due to negligence, disregarding the two direction green signals and left left, as it is, by neglecting it, as well as by neglecting it, the Defendant was driving in front of the cargo vehicle of the Defendant.

As a result, the Defendant caused the victim D’s injury, such as the mouth of the Hashean Group accompanied by an inner slope, such as a need for a treatment for about nine weeks, due to such occupational negligence. At the same time, the Defendant caused the victim F (the 81 years of age), a passenger of the said low-priced passenger vehicle, to die with vertebrate damage during the treatment at the Ganbuk University Hospital located in Daegu-gu, Daegu-ro 130, May 19, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to medical certificates and death medical certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) 1 of the 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The types of recommendations according to the sentencing criteria;