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(영문) 창원지방법원 거창지원 2017.12.08 2017고단311
교통사고처리특례법위반(치사)
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 drives three cargo vehicles in sealed B.

On August 1, 2017, the Defendant, around 13:30 on August 1, 2017, proceeded at a speed of about 80 km from the eroop village to the eroop village.

There is a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Nevertheless, the Defendant failed to operate the steering gear to the right side while driving at a rapid speed without neglecting such duty of care and caused the Defendant to fall under approximately two meters of a vehicle driving by negligence.

Ultimately, the Defendant caused injury, such as external shock, to the victim D (the age 62), who was a defendant's wife who was on the Defendant's vehicle due to the above occupational negligence, and caused the victim to be transferred to an ordinary university hospital and received medical treatment, which led to the death of the victim by a low-blood shock on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on the occurrence of a traffic accident;

1. A death certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the 112 Reporting Report List, Attachment of Family Relationship Certificate, Marriage Relationship Certificate, etc.);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence (the scope of recommendation) [the scope of recommendation] general traffic accident category 2(the type 2(the type 1 year to 1 year) [the person who has been specially mitigated] punishment not for punishment (including serious efforts to recover damage) and recommendation.

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