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(영문) 창원지방법원 2020.06.03 2020고단468

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 dump truck.

On October 3, 2019, at around 15:45, the Defendant driven the above truck and proceeded two lanes of the three-lane road in front of the 1335-lane intersection, as Kimhae-si, at the speed of about 62 km from the eths of the eths of the eths of the city, at the speed of about 62km from the eths of the eths of the city.

Since the above road is an intersection with a traffic signal apparatus and a place where other vehicles are frequent, there was a duty of care to look at the right and the right and the right of the driver of the vehicle well and to operate the steering boat and the brake system accurately, and to safely proceed with the accident in advance and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and led the victim C(55 years old) driver's left-hand side of the victim C(55 years old) driving, which was proceeding from the right-hand side of the defendant's road, to the left-hand side of the victim C(55 years old), due to the negligence of proceeding the defendant's direction signal at the above intersection.

Ultimately, at around 22:30 of the same day, the Defendant caused the death of the victim due to the above occupational negligence by the F Hospital located in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on the occurrence of a traffic accident, a actual condition survey report, on-site photographs, traffic accident analysis reports, and CCTV images;

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

1. Relevant Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 3 of the Act on Special Cases concerning the Selection of Traffic Accidents and Article 268 of the Criminal Act;

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 to attend a compliance lecture;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element of traffic accident death [Special Sentencing]: Reduction element of punishment (the area of recommendation and recommendation range] reduction range, reduction range of punishment [the area of recommendation and recommendation range] reduction range, April through January 2.