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(영문) 창원지방법원거창지원 2020.12.09 2020고단187
교통사고처리특례법위반(치사)
Text

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

except that 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

The defendant is a person who is engaged in driving of Bmer trucks truck trucks.

On June 3, 2020, the Defendant driven the above cargo vehicle around 08:00, and proceeded with a one-lane of the three-lane distance of decipite, which is located in Sacheon-gun, Gacheon-gun, Gacheon-gun, Gacheon-gun, Gacheon-do, Gacheon-do, as a sloped side from the sublimside.

Since there is a road connected to the right side of the road, there was a duty of care to prevent accidents by driving safely, such as putting an embankment on the front side, reducing speed according to road conditions and accurately operating brakes, etc.

Nevertheless, if the defendant neglected to perform his duty of care and failed to operate the brakes properly due to negligence, the defendant was negligent in neglecting his duty of care and thereby failed to reduce the speed, and the part on the left side of the victim C(the age of 66) driving who entered the above road from the right side of the road was placed on the front side of the above metro truck.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on June 24, 2020, at the Gyeongbuk University Hospital located in 130, Jung-gu, Daegu, Jung-gu, Daegu, to death due to the cerebral cerebral cerebral cerebral cerebral typ, etc.

Summary of Evidence

1. Application of Acts and subordinate statutes to the death report on the occurrence of traffic accidents by defendants;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person], the element of mitigation of punishment: In the area of reduction of punishment [the scope of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and April through one year;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

However, the defendant's mistake is recognized, and the victim's bereaved family is recognized.

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