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(영문) 창원지방법원 2017.10.20 2017고단2941
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 a flag of D and III freezing.

On April 19, 2017, the Defendant driven a freezing vehicle around 10:40, and driven a two-lane road in front of Kimhae-si, Kimhae-si, the Defendant driven a speed of about 135 km at the speed of 135 km along the front side of the road in front of Kimhae-si.

It is a road with a speed of 80km per hour, and at the time, the defendant changed the course from the first lane to the second lane, so in such a case, the driver had a duty of care to safely drive the motor vehicle with a speed of 80km by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the system

Nevertheless, the Defendant neglected this and went on about 135 km a speed exceeding 80 km per hour, and, due to the negligence of changing the course, found the victim G (58 cm) who was arranging to load a fribage truck in Korea on the right side of the two-lane road above the math of the above math road, and was working rapidly to avoid this. However, the Defendant did not avoid the frith, but did not go beyond the ground by taking part of the victim's chest and bridge in front of the right side of the said fribage truck.

Ultimately, the Defendant caused the death of the victim by the occupational negligence above due to the diversity damage in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on investigation (with respect to black stuff images);

1. A fact-finding survey report and a traffic accident analysis report;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes to black booms video CDs and photographs;

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 on orders to provide community service and attend lectures;

1. The sentencing criteria [the range of recommended sentences] the area where the general traffic accidents are mitigated (the death of traffic accidents) (the imprisonment without prison labor for four months to one year).

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