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(영문) 창원지방법원 밀양지원 2015.11.19 2015고단334
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a truck of 11.5 tons in Category B.

On August 6, 2015, the Defendant driven the above vehicle at around 04:24, the Defendant proceeded with the intersection of the three distance in front of the Stream Station located in the Gelimg apartment at the upper south of the Yelimg-dong, Gelimg-dong, Gelimg-dong, in the south of the same Yelim-dong.

At the time, it was night, and there was a three-distance intersection in which crosswalks are installed, so a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected to go beyond the road by shocking the victim C (n, 78 years of age) who was standing on the right side from the left side of the defendant's vehicle due to the negligence that the defendant left the road without neglecting to go beyond the road of the victim's vehicle, and the victim was over the road.

Ultimately, the Defendant caused the death of the victim due to the suspension of cardiopulmonary function in the same workplace due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report, a traffic accident actual condition investigation report, and a corpse inspection report;

1. Application of the Acts and subordinate statutes to each photograph, black stuff, CD

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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