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(영문) 창원지방법원 2018.07.25 2018고단1308
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 is engaged in driving of freight vehicles C1 ton.

On November 11, 2017, the Defendant driven the above vehicle at around 16:45, and proceeded to turn to the left at the right edge of the road side of the oil station E, which is located in Kimhae-si D, in the direction of the luminous distance from the view of the combined apartment.

In this case, a driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right and duty of operation to prevent the occurrence of an accident by accurately manipulating the steering gear and the system.

Nevertheless, the Defendant neglected this and got the victim F(62) who was dried up a road adjacent to the crosswalk on the right side of the proceeding direction from the negligence of the Defendant’s neglecting it, and was in front of the above vehicle.

As a result, the Defendant caused the injury of the victim due to such occupational negligence to the injury of the victim, such as an external wound, and caused the death of the victim at the Incheon-si Busan-si Busan-si Busan-si Busan-si Busan-si Welfare on January 5, 2018 during transmission treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A yellow survey report, accident-related photographs, accident-related video CDs, and response to traffic accident analysis;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] : April to one year of imprisonment without prison labor - Class 2 of the General Traffic Accidents (Death and Injury in Traffic Accidents) - Special sentencing sentencing factors: (including efforts to recover damage) punishment is not imposed (the decision of sentencing) (including the decision of sentencing) / The decision of sentencing resulted in the serious consequence of the victim’s death due to the instant accident, and the Defendant’s negligence in the process is not less complicated.

However, the Defendant recognized and reflected the instant crime.

The bereaved family members are the victims of excessive criminal agreements, and the bereaved family members are the defendants.

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