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(영문) 창원지방법원 밀양지원 2016.04.14 2015고단436

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 2.5 tons of maths.

On November 4, 2015, the Defendant was driving the above vehicle at around 17:30, and was able to drive the said vehicle on the two-lanes along the two-lanes between the two-lanes, namely, the National Highway No. 5 adjacent to the death death death death death death death death death death death death in Young-gu, in the Changwon.

Since there was a place where automobiles and agricultural machinery, etc. are frequently passed through, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the embankments and the right and the right and the right and the right and the right and the right and the right of the motor vehicle and accurately manipulating the steering and brakes.

Nevertheless, the Defendant did not discover the track of the victim C(60) driving by negligence in the course of duty, which caused the failure to neglect this, and did not see it, and shocked the beer (construction machine) that was carried forward after the left-hand side of the vehicle driving by the above defendant.

Ultimately, the Defendant caused the death of a victimized person due to the above occupational negligence due to cerebrovascular damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to death certificates;

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 on the stay of execution (one of the results, age, and single fine, other than one of the fine, and other consideration such as agreement);