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(영문) 창원지방법원 2016.09.22 2016고단2188
교통사고처리특례법위반(치사)
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Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of cargo vehicles of C1.2 tons.

On October 21, 2015, the Defendant driven the above cargo vehicle around 11:30, and proceeded along the two-lanes between the 4-lanes of the Chang Sea and the 258-lanes around the 2nd of Kimhae-si.

At the same time, Dmer trucks are parked at the edge of the three-lanes, so a person engaged in driving service has a duty of care to safely drive by checking the right and the right and the right and the right and the right and the right and the right and the right are well examined.

Nevertheless, the Defendant neglected to detect the truck on the front side while driving a stroke, and did not discover the above stroke, and received the above stroke part of the back side of the truck from the front side of the truck stroke.

Around October 21, 2015, at the time of the above occupational negligence, Defendant E (53) had the victim E (53) who was on board the Defendant’s cargo tank at the time of the foregoing occupational negligence caused the death of the Defendant due to low blood shock at the East Asia University Hospital located in Busan, Seo-gu Park, Seo-gu, Busan, and 26.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigation report (Attachment of response materials requested for analysis of traffic accidents);

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General traffic accident Type 2 (Death, etc. by Traffic Accidents) [Article 62 (1) of the Criminal Act] [Article 62 (1) of the Act on the Suspension of Execution] / [Article 62 (1) of the Act on the Suspension of Execution] / [Article 62 (2) of the Act on the Suspension of Execution / [Article 62 (1) / [Article 62 (1) of the Act on the Suspension of Execution] / [Article 62 (1) of the Act on the Suspension of Execution / [Article 62

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