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(영문) 창원지방법원 2018.04.20 2018고단402
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a B white tran truck.

On December 12, 2017, the Defendant driven the above truck and driven the three-lane road in front of the entrance of the Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, with three-lanes from the side of the name square to the Gyeongnam-do, at a speed of about 50km in speed.

Since large buses are in progress at the three-lanes at the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and operating the steering gear with the vehicle driving service and maintaining the safety distance with the vehicle driving vehicle.

Nevertheless, the Defendant neglected this and failed to secure the safety distance with the vehicle ahead, and neglected the safety distance with the vehicle ahead on the front side, and failed to discover the victim E (if so, 82 years old) who was prone in the front side of the three-lanes, and got the victim to go beyond the floor.

Ultimately, around December 17, 2017, the Defendant caused the victim's death by occupational negligence by an external shock show caused by external shock disorder and brain damage in Busan National University Hospital located in 179, Seo-gu, Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on site photographs and CCTV video CDs (Evidence No. 74 pages);

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

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

1. The sentencing guidelines [the range of recommended punishment] set forth in the two types of general traffic accidents [the range of recommended punishment] shall be mitigated (two months to one year without prison labor] (the person who is subject to special sentencing] where the victim has a substantial negligence in the occurrence of traffic accidents or the expansion of damage (the factors of mitigation), and the amount of punishment shall not be mitigated (the recovery of damage).

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