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(영문) 창원지방법원 밀양지원 2018.10.18 2018고단387
교통사고처리특례법위반(치사)
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

The defendant is a person who is engaged in the driving of math cargo vehicles B.

On July 10, 2018, the Defendant driven the above cargo vehicle around 14:00, and proceeded at a speed of about 50 km from the Cheongyang-ri-ri-ri-ri to the Cheongyang-ri-ri-ri-ri-ri in a pure farm to the Cheongyang-ri-ri-ri-ri-si.

Since there is an intersection that does not regulate traffic, in such a case, the driver has a duty of care to yield the course to the vehicle, if there is another vehicle already entering the intersection, by checking well the right and the right of the road.

Nevertheless, the Defendant neglected this and got the victim to use the part of the right side of the victim C (72 3) driving, which had been going to a scamb from the scambing area of the new stock farm by the negligence of going through the above intersection. The Defendant got the victim to use the part of the victim's front part of the above cargo vehicle of the defendant, with the above scamba.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the Busan National University Hospital located in 179, Seo-gu, Seo-gu, Seo-gu, Busan, which was undergoing around 21:27 on the same day, to “the brain cerebral cerebral cerebral cerebral Bribery accompanied by external cerebral cerebral cerebral Bribery.”

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site and photographs of carcasses;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Order to Attend shall be that the victim's bereaved family does not want the punishment of the defendant, and that the defendant's age, environment and crime is committed.

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