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(영문) 창원지방법원 거창지원 2017.10.27 2017고단251

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who drives a EX-based cargo vehicle.

On July 6, 2017, the Defendant, at around 01:10, 121km-gun, had a duty of care to reduce the speed to the driver of a motor vehicle, to reduce the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance by accurately manipulating the steering direction and the steering system.

Nevertheless, the Defendant neglected such duty of care and neglected to drive the victim C (48 years old) who was standing on the right side of the running direction of the Defendant, with a unique 40 feet cargo loaded on the 40 feet cargo loaded on the right side of the above X-gu cargo, and had the victim's body part on the front side of the above container cargo loaded on the front side of the above container cargo, and had the victim go beyond the ground by taking the front part of the above container cargo loaded on the front side of the above container cargo.

Ultimately, the Defendant caused the victim’s death by occupational negligence at around 01:30 on the same day due to acute respiratory failure at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Each comparison with the enemy;

1. Six site photographs and site photographs;

1. Reports on internal investigation (related to field investigation), reports on the occurrence of traffic accidents and incidents, suggestion for direction, application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended execution (the cause of the instant accident) of the Criminal Act stops on an expressway and takes any measure.