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(영문) 창원지방법원 2013.09.27 2013고단1833
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of 25 tons of cargo vehicles C.

On May 20, 2013, the Defendant driven the above vehicle on the 11:18th of May 20, 2013, and proceeded two lanes from among the three-lane roads in front of the tower set in the Dong-gu, Changwon-si, Changwon-si, at the speed of about 30km from the Jin-si to the direction square. At that point, the two-lane road is narrow to the second line road on the 3rd line road. In such a case, a person engaged in driving service has a duty of care to proceed with it in a safe way by checking well the right and the right of the front line.

Nevertheless, the defendant neglected to do so and is proceeding in close vicinity to the Obama driven by the victim D(66 years old).

With the right side of the defendant's vehicle, the part of the victim's right side conflict with the left side of the victim's vehicle, and the victim's side over the floor was linked to the other side of the defendant's vehicle.

Ultimately, at around 11:20 on May 20, 2013, the Defendant caused the victim's death by occupational negligence, resulting in the death of the victim due to the cage of cage at the site of the accident, cage of cryp and cryp damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Accident vehicles and on-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

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. While the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) of the suspended sentence include the occurrence of a traffic accident in which the defendant died due to his/her breach of duty of care and the result is very serious, and there are many past criminal records of violation of the Road Act, it is disadvantageous to the defendant. However, the defendant is in profoundly against his/her mistake, and it appears that the victim's bereaved family members are paid considerable insurance money because the piracy is admitted to the Truck Financial Cooperative.

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