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(영문) 창원지방법원 2016.09.08 2016고단1870

교통사고처리특례법위반

Text

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

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

Reasons

Criminal facts

The defendant is a dump truck driver.

On March 24, 2016, the Defendant driven the above truck on March 13:40, and proceeded at a speed of about 30 km from the direction of the Jinhae-gu, the road front of the Eingu, which is located in the Jingu, Jingu, Jingu D, at a speed of about 30 km per hour, along the two-lanes from the direction of the Jingu Office.

At the front of the road, on-and-off lights and crosswalks are installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a right to drive the motor vehicle by reducing the speed and by checking well the right to the front left, and safely.

Nevertheless, the defendant did not find out the victim F (M, 74 years old) who was a driver for pedestrian assistance in the right side from the left side of the course to the right side when he was negligent in driving a motor vehicle on the front side without neglecting the front line, and received the victim as the front part of the above truck.

Ultimately, at around 04:45 of the following day, the Defendant caused the victim’s death by occupational negligence, such as cerebral cerebral cerebral cerebral ties at H Hospital located in Changwon-si G in Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. A death certificate;

1. Application of each statute on photographs;

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] General traffic accidents in the area of mitigation (4-1 year) (including special mitigations) [including serious efforts to recover from damage] / [decision of sentence] 10 months without prison labor for 10 months, suspended sentence 2 years (including situations of accidents, reflects, the fact that the victim has agreed with his/her bereaved family members, the fact that a comprehensive motor vehicle insurance is subscribed to a penalty exceeding a fine, and the fact that there is no record of criminal punishment exceeding a fine, etc., shall be sentenced to the above sentence);