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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1220

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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 is engaged in driving of B Poter Cargo Vehicles.

On November 11, 2015, the Defendant driven the above cargo vehicle at around 06:32, and proceeded with the original road along the south of the South-west Sea along the south of the South-west Sea by the patrol box at the south Sea High School of the South-west Sea, with the 82km speed at the speed of 82km.

Since the restriction speed is 60 km per hour, there was a duty of care to prevent accidents by complying with the restricted speed and accurately manipulating the steering and brakes to those engaged in driving service.

Nevertheless, the Defendant neglected to do so and found the victim C (76 Does) to be late behind the driver’s lag, and received the back part of the lag from the Defendant’s cargo vehicle, prior to the Defendant’s fault in excess of the speed limit.

As a result, the Defendant had the victim receive treatment due to the dystrophosis and stroke, etc. due to such occupational negligence, which led to the death of the victim from the Samsung Changwon Hospital located in the Changwon-si, Changwon-si around November 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. A report on internal investigation (on-site inspection, results of measuring the speed of Ma1 vehicle);

1. A death diagnosis certificate or a photograph of a dead person;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the category of traffic crimes, general traffic accidents, and Type 2 (Death of Traffic Accidents) [the person subject to special sentencing] who is not punished (the scope of the recommended punishment] from April to October (the area of mitigated punishment);

2. In light of the fact that the Defendant’s decision to sentence the instant accident was committed in violation of the speed limit, and the occurrence of a serious result, such as death, the nature of the crime is good.