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(영문) 창원지방법원 마산지원 2019.05.15 2019고단72
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on November 24, 2018, the Defendant, who is engaged in driving B rocketing taxi, was driving the said taxi, and was driving the Drack Road in Changwon-si C along the two-lanes in the direction of asset operation in the Western direction.

In such a case, a driver of a motor vehicle has a duty of care to safely drive a motor vehicle ahead of it in preparation for the case where the driver of a motor vehicle reduces or stops the speed of the motor vehicle.

Nevertheless, it seems that the defendant neglected this and neglected to operate the NAS equipment installed in the above taxi, and neglected to do so, and it seems that the defendant was under the influence of the defendant's proceeding.

E Dump truck's left back back part of the dump truck was raised by the front panion of the cab, and the head of the victim F who was on board the cab due to the shock was faced with the inside pole of the dump truck.

Ultimately, the Defendant caused the death of the victim due to the injury of the external wound from the workplace due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. EDR analysis report;

1. Compilation photographs of black boxes, site and accident-related photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accidents [Type 2], the death of traffic accidents (special person who is a special person], the mitigated factors of mitigation: to recover damage resulting from a failure to punish.

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