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(영문) 창원지방법원 거창지원 2018.07.13 2018고단104
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

Around December 18:19, 2017, the Defendant driven the above cargo vehicles from the Defendant, while driving the vehicle on December 4, 2017, and driving the road located in the 196-ro 196-ro, Chang-gu, Chang-gun, Chang-gu, Seoul, to the view of the view of the view of the view from the view of the view of the view of the view of the Defendant. The Defendant tried to overtake the victim D(81) prior to the direction of the Defendant’s proceeding.

At the time, it was very difficult to keep the street at night and there is no street at that time. In such a case, there was a duty of care to take a person engaged in driving service into account the right and the right and the right and the right and the right and the right and the right and the right and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and negligently passed the front part of the vehicle driving by the victim, and caused the victim to go beyond the floor by loading the left part of the vehicle driving by the Defendant on the right side of the vehicle driving.

As a result, the Defendant caused the death of the victim due to the above occupational negligence by brain injury and the death of the victim due to the death of the body according to the heat on the job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement of the occurrence of each traffic accident in G, H, I, J, and K;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site records and photographs of traffic accidents;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of black stay images);

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 Act on Suspension of Execution (The circumstances favorable to the defendant, such as the fact that the defendant acknowledges the crime and reflects his mistake, that bereaved family members agree with the bereaved family members of the victim and do not want the punishment of the defendant, that the defendant is old, and that the defendant is the first offender who has no record of criminal punishment before, shall be considered);

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