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(영문) 창원지방법원 마산지원 2019.05.01 2019고단79
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

피고인은 B 무쏘밴 화물자동차를 운전하는 업무에 종사하는 사람이다.

On November 1, 2018, the Defendant driven the above vehicle at around 09:14, and led to the left turn in the direction of the military office distance in front of the Haan-gun Women's Center in the Haan-gun, the Haan-gun, the Hanan-gun, the Sinan-gun, the Sinan-gun,

Since there is no distinction between the vehicular road and the delivery, there are many pedestrians driving along the vehicular road. In such a case, there was a duty of care to safely operate the steering system and the steering system by accurately operating the steering system.

Nevertheless, the defendant neglected this and failed to discover the victim D (the age of 68) who walked along the vehicle due to the negligence of driving the vehicle as it was, and caused the victim to go beyond the front part of the motor vehicle of the defendant, and led the victim with the wheels of the above motor vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence from the F Hospital located in the Chang-gu, Changwon-si E, Changwon-si, which was being treated for transmission at around 10:10 on November 1, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs photographs of each traffic accident site, CCTVbox images, and caps of video data taken;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general, [Type 2] the factors to mitigate the death of traffic accidents [Special Sentencing]: Reduction area of punishment (including serious efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, reduction area of punishment and imprisonment without prison labor for four months to one year;

3. Circumstances in which a sentence of sentence is to be pronounced;

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