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(영문) 창원지방법원 진주지원 2013.12.11 2013고단1131

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

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On August 1, 2013, at around 05:10, the Defendant was driving the above vehicle, and the national highway No. 2 prior to the Dobong-ri Village was driven by the Jincheon-si with the Jincheon-si-si-si-si. The Defendant continued the two-lanes of the two-lanes of the Jindo-si.

However, at the time, it was night, open, and open, and the place was not properly secured, and the passage of the vehicle is frequent, so in such a case, a person engaged in driving the vehicle has a duty of care to safely operate the operation by accurately manipulating the operation and steering gear and accurately manipulating the operation and steering gear.

Nevertheless, the Defendant neglected this and did not discover the warning flag of the victim C(74) driving that was proceeding at the front direction of the Defendant’s proceeding due to negligence, and received the rear part of the cargo loaded at the front direction of the cargo vehicle.

Ultimately, at around 08:55 on the same day, the Defendant caused the death of the victim C due to cerebral brain damage in the above place at D Hospital at around 06:00 on the same day, and at around 06:00 on the same day, the victim E (the victim E (the 70-year age), who is the scambling scam at D Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Each 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. As a result of the instant accident under Article 62(1) of the Criminal Act, the occurrence of death of all victims who are married, etc., which is significant and continuous, and the fault of the defendant who has not been properly bound in the circumstances where he was in a bad position at night, is considered to be serious, but the vehicle is covered by a comprehensive insurance.