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(영문) 창원지방법원 통영지원 2016.08.18 2016고단794
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant is a person who is engaged in the truck driving duties of C concrete mixing, and the Defendant driving of the road on a one-lane road located in Gyeongnam-gun around 15:0 on March 31, 2016, near E in the vicinity of E, with the speed of about 35 km from the flood protection area of the high-speed Eup. At the same time, the center line of yellow solid lines has been installed, and a vehicle from the top is not easily visible. In such a case, the Defendant was a person engaged in the truck driving duties and has a duty of care to safely drive the motor vehicle along the same lane, such as operating the steering gear accurately, and to prevent the accident.

Nevertheless, the Defendant received the front left-hand part of the cargo truck vehicle operated by the Victim F (F, 57 years old) who was the victim F (F, 57 years old) due to the negligence of taking part of the center line.

Ultimately, the Defendant caused the above victim by occupational negligence on April 2, 2016, and caused the death of the victim due to damage to the liverbagbagbagbag at the Gyeongnam-ro 79 (Malman-dong 90), Jinju-si, Jin-si, Jinju-si, Gindo-dong 90).

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A report on the occurrence of a traffic accident, a traffic accident actual condition investigation report, an accident scene photograph, etc.;

1. A death certificate;

1. Application of the statutes on the response to the request for traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. Sentencing (Scope of the recommended punishment) (referring to two months to one year), the area subject to special mitigation (referring to a person subject to special mitigation) (referring to a person subject to special mitigation) of a traffic accident, where the victim has committed considerable negligence in the occurrence of a traffic accident, the victim is not subject to punishment (including a serious effort to recover the damage);

2. Specific reasons for sentencing.

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