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(영문) 창원지방법원 밀양지원 2017.05.11 2017고단28
교통사고처리특례법위반(치사)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On December 3, 2016, the Defendant driven an above cargo vehicle on December 12:25, 2016, and turned back the way to the Korean Ambassador, 547-11 square meters (256L56 between the smuggling) in front of the Hayang-Eup, Hayang-ri, Hayang-ri, Hayang-ri, Hayang-ri, to the Korean Ambassador village.

There was a place where the traffic was not controlled as an intersection of the farm road, and the left-hand side of the victim C(82 3) was in a direct position, so the driver of the vehicle had a duty of care to safely pass through the intersection by examining the right and the right before entering the intersection and the right and the right.

Nevertheless, the defendant neglected to enter the intersection before entering the intersection, and the left and right-hand city, and did not find out the victim's lebane which was directly in the left-hand side due to the occupational negligence, and conflict with the front part of the driver's seat of the defendant's vehicle with the front part of the vehicle and the front part of the lebane.

Ultimately, the Defendant caused the death of the victim C due to the multiple symptoms during treatment at the D Hospital on December 4, 2016 by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. One motor vehicle accident report, two motor vehicle accident reports;

1. Application of Acts and subordinate statutes to death certificates and postmortem records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] of the Act on the Suspension of Execution refers to the case where the two types of general traffic accidents [the person with a special mitigated punishment] [the person with a special mitigated punishment] agreement with the victim's bereaved family members [the decision of sentence], the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are shown in the records.

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