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(영문) 창원지방법원 진주지원 2018.11.07 2018고단1197
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 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 of Bone Star Co., Ltd.

On July 2, 2018, the Defendant driven the above van on July 19:55, 2018, and led the road in front of the D shop in Jinju-si, to straight ahead of it from the Home Purg, to the Southern River Call State 60km/h.

At the time of night, however, the front and the front door of the vehicle was coming, so there was a duty of care to reduce speed, such as accelerating 20% higher than the prescribed speed, operate the steering direction and operation system of the vehicle accurately, and prevent accidents in advance by properly examining the front and rear sides.

Nevertheless, the Defendant neglected the front-si and sucked the victim E (the 60-year-old age) who dried a road by negligence without speed in the state of milch.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence at the Gannam University Hospital located in Jinju-ro 79, Jinju-si, Jinju-si, Jinju-si, due to the chest damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs related to accidents;

1. A death certificate;

1. CCTV images;

1. Application of the statutes on traffic accident analysis;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations for the application of the sentencing criteria: Where the victim has been negligent in causing traffic accidents even if the victim has committed considerable negligence;

2. Determination of sentence is the primary offender of the sentencing factors and the defendant, and the comprehensive motor vehicle insurance is covered by the defendant's age, sex, environment, circumstances of this case, means and results of this case, and all of the sentencing conditions as shown in the arguments of this case shall be determined as ordered in light of the above sentencing conditions.

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