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(영문) 창원지방법원 진주지원 2016.08.31 2016고단269
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a truck with 12 tons new wave.

On September 16, 2015, the Defendant driven the above truck on around 01:27, and found that the fwing vehicle of the victim E (the age of 59) who was negligent in driving on the part of his duty while he was negligent in driving on the two-lanes of the middle-lane 2 Highway 352.8 kilometers in the middle-west side of Gwangju City along the two-lanes of the middle-lane 2 Highway 352.8 kilometers in the north-west side of the road in the middle-west side of Gwangju City, the Defendant was found to have been negligent in driving on the front side of the two-lane, and was in a sudden stop due to the negligence of his duty while he was negligent in driving on the side of the road from the north-west side of the road to the lower side of the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence, i.e., death from the seat to the death of the body caused by the said traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. Reporting on the occurrence of a traffic accident, response to a request for appraisal, response to a request for appraisal, response to a request for appraisal, and response to a request for appraisal;

1. A corpse death certificate;

1. Application of each statute on photographs;

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

1. The scope of sentence recommended on the sentencing guidelines [the types of decisions] that have no traffic accident death [the special sentencing factors] [the scope of punishment recommended]. The imprisonment without prison labor for not less than eight months but not more than two years (the basic area);

2. In light of the fact that the result of the death of a victim due to the defendant's occupational negligence in the decision of sentence occurs, the liability of the defendant for the crime shall not be minor;

However, there is room for the defendant to be negligent in failing to take appropriate follow-up measures after the first collision with the victim, and there was about 33 seconds between the first collision and the accident in this case.

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