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(영문) 창원지방법원 마산지원 2016.12.21 2016고단1147
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle of C1 ton.

On October 18, 2016, the Defendant driven the above cargo vehicle at around 04:45, and turn to the left at the direction of the Haban High School at the Haban High School from the Haban Park.

At the time, it is difficult to secure the left-hand side of the road because the road is open to the private-distance intersection where traffic is not controlled at night, and it is difficult to secure the view of the left-hand side. Therefore, the driver of the motor vehicle has the duty of care to prevent the accident by making the left-hand turn after accurately examining the traffic situation of the left-hand side while driving or temporarily stopping before entering the intersection.

Nevertheless, the Defendant neglected to turn to the left by negligence, and caused the victim F, who was walking to the Defendant’s right direction, to go beyond the ground by shocking the Defendant’s cargo vehicle, and proceeded about about 13 meters with the victim’s cargo vehicle.

On October 18, 2016, the Defendant: (a) caused the death of the victim from the Samsung Changwon Hospital located in Samsung Changwon Hospital located in Samsung Changwon-si, 158, which was due to the sale of the members of Changwon-si on October 18, 2016 due to the above occupational negligence, with two severe trauma.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on investigation (Attachment toCCTV image data) and a photograph of the CCTV image to which it is attached;

1. Application of Acts and subordinate statutes to the F of the death diagnosis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents Act (Type 2 (Type 4-1) [Special Mitigation] [including serious efforts to recover from traffic accidents] Punishment and Non-life (including damage) [Pronouncement Decision] 10 months without prison labor, 2 years of suspended sentence, 30 years of suspended sentence, 30 years of suspended sentence, 40 days of suspended sentence, 40 days of suspended sentence, 50 days of suspended sentence, 50 days of suspended sentence, 62(1) of the Criminal Act, 62(1) and

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