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(영문) 창원지방법원 밀양지원 2019.08.13 2019고단221
교통사고처리특례법위반(치사)
Text

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

However, 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 B Poter cargo vehicles.

On April 22, 2019, the Defendant driven the above vehicle on April 15, 2019, and driven it to E from the upper intersection of C at the parallel of C.

It is an intersection where no signal, etc. is installed, and the view has not been secured due to the deaf door located on the right side of the defendant's running direction. In such a case, there was a duty of care to check whether a person engaged in driving service has a vehicle for crossing by reducing the speed before entering the intersection or temporarily stopping it, and to safely drive it.

Nevertheless, due to the negligence of neglecting this, the defendant's driving by the victim F (79 years of age) who was driven by the victim FF (79 years of age) who opened an intersection from the right-hand side of the defendant's running direction to the left-hand side of the road, and due to the shock, the damaged vehicle fell into the front part of the defendant's vehicle and turned down the damaged vehicle into the front side of the road.

Ultimately, the Defendant caused the death of the victim F and the victim H(69 years of age) who was on board the damaged vehicle due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each written result of autopsy;

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

1. Application of Acts and subordinate statutes to on-site photographs and the like;

1. Article 3 (1) of the relevant 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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] mitigation element of traffic accident death [Special Sentencing]: Reduction element of punishment (the area of recommendation and recommendation range] reduction range, reduction range of punishment [the area of recommendation and recommendation range] reduction range, April through January of imprisonment without prison labor and three years.

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