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(영문) 창원지방법원 진주지원 2015.10.27 2015고단549

교통사고처리특례법위반

Text

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

except that 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 of a C Poter cargo vehicle.

On January 3, 2015, the Defendant driven the above cargo vehicle around 08:10, while driving the innovative City LH5 Complex LH6 km in order to the front side of the bus stops in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant proceeded about about 61.6 km each other at a speed of 61.6 km along the two-lanes.

Since there are frequent places in the vicinity of the bus stops, there was a duty of care to safely operate the steering gear and operation of the steering system with a view to the passage of the vehicle and the driver of the vehicle.

Nevertheless, the defendant neglected this and proceeded to the left side of the cargo vehicle of the defendant by negligence in the course of his duties, which led to the victim D (the 20-year old age) who was standing a road from the right side of the defendant's proceeding to the left side.

Ultimately, around January 28, 2015, the Defendant caused the death of the victim at the Human University Mungsan Hospital located in the Geum-dong, Busan, Busan, due to the above occupational negligence, with the pressure of cerebral cerebral cerebral cerebral cerebral Bribery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a traffic accident report, a comprehensive traffic accident analysis report, and an appraisal report;

1. A death diagnosis and a written opinion;

1. Application of Acts and subordinate statutes on site photographs and investigation reports ( listening to the statement of a shote);

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 sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category 2 (Death, etc. of Traffic Accidents), the basic area (from August to January 6) (no special person) of the sentencing guidelines;

2. The major result is that the sentence of death is to be sentenced.