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(영문) 창원지방법원 2015.05.26 2015고단491

교통사고처리특례법위반

Text

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

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

Reasons

Criminal facts

The Defendant is a dump truck driver.

On November 3, 2014, the Defendant was driving a dump truck above 07:00 on the 07:00, and came to drive the dump truck above, and came to drive the dump truck above the dump truck in order to go to the intersection in front of the hump KTS Co., Ltd. at the 4th parallel of the hump site of the Changwon-si, the Defendant turned to the intersection in front of the hump KS Co., Ltd. at the

However, there was a duty of care to check whether a person engaged in driving on a three-distance intersection where a signal, etc. is a small sign, has a duty of care to prevent accidents in advance by safely driving the vehicle after reducing the speed and checking the right and the right and the right of the traffic.

Nevertheless, the Defendant was negligent in neglecting it and found the victim D (year 85)'s bicycle driving who has changed the course from the right side of the marina course to the left side, and operated the dump truck, but did not avoid it, but received the back part of the bicycle left side as the front part of the dump truck.

Ultimately, on January 15, 2015, the Defendant caused the victim's death by the occupational negligence as above, from the Samsung Changwon Hospital, which was located in the north-west of the window of Changwon-si, Changwon-si, to the acute smoking system due to the cryptive blood from the cryposis.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Requests for analysis of traffic accidents by Road Traffic Authority;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the case where there is considerable negligence on the occurrence of a traffic accident or the expansion of damage to a victim, even though the victim is in the area of special mitigation (two to ten months) (special mitigation) of the type of a traffic accident (the occurrence of a traffic accident), Article 62(1) of the Criminal Act on the suspended sentence (including efforts to recover the damage), Article 62(1) of the Act on the Suspension of Execution (including decisions