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(영문) 창원지방법원 거창지원 2017.08.09 2017고단186
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 drives a Mati Tact Cargo Vehicle B.

On May 4, 2017, the Defendant driven the above vehicle at around 13:18, and driven the two-lane road in front of the D, which is located in the Gyeongnam-gun, Changnam-gun, Seoul, at a speed of about 48km in speed from the direction of the learning expectation of the entrance to the Kimcheon-distance.

Since there are frequent traffic of the car in the street crossing in which crosswalks are installed on the front bank, in such a case, the driver of the car has a duty of care to prevent the accident by accurately manipulating the front bank 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 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 found the bicycle driven by the victim E (88 tax) who had changed the lane from the two lanes ahead of the defendant's moving direction to the one lane due to the negligence of the defendant's driving. However, the victim's bicycle rear wheel part of the victim's bicycle was just the front part of the vehicle, and the victim got the front part of the vehicle.

Ultimately, the Defendant suffered injury, such as neglect of the victim and pelvise, due to occupational negligence as above, and had the victim transferred to F hospital and received medical treatment, resulting in the death of the victim due to excessive blood transfusion and cardiopulmonary suspension around 15:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

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

1. Application of Acts and subordinate statutes to each investigation report (investigation into the speed of a victim's vehicle, attaching CCTV images, and attaching a written diagnosis of the victim's death);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Reasons for sentencing favorable to the following defendants);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] are general.

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