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(영문) 창원지방법원 거창지원 2018.02.28 2018고단10
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 B Poter cargo vehicles.

On August 9, 2017, the Defendant driven the above cargo vehicle around 15:25, and went back to 30km each hour from the pre-feitter of the rice processing plant in the Geumcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun.

At the time, there are lots of factory sites in front of the Vice Chief of the rice processing plant, where the passage of people and vehicles is frequent, and thus, the driver engaged in driving service has a duty of care to reduce speed and properly operate the side and side, and to verify whether there is any person who passes the above factory, and to ensure that there is a duty of care to drive safely.

Nevertheless, the defendant neglected this and got the victim into the ground by taking the right side of the victim C (90) who passed the above factory site due to the negligence of the defendant's negligence, as part of the cargo loaded on the left side of the above cargo vehicle, and let the victim go beyond the ground.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die by cerebrovascularssis at a university hospital located in Jinnam-ro 79, Jinju-si around August 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Photographss of the scene of the accident at the scene of the accident, and photograph of dynamic images;

1. Application of Acts and subordinate statutes to death diagnosis reports 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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [the scope of recommended punishment] are two types of traffic accidents (accidents caused by traffic accidents) (one month to one year) mitigated area (including special mitigated persons), punishment not to be imposed (including serious efforts to recover damage).

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