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(영문) 창원지방법원 2019.06.05 2018고단3630
교통사고처리특례법위반(치사)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B B Bbed motor vehicle.

On October 18, 2018, the Defendant driven the above car on the 19:15th day of October, 2018, and proceeded at approximately 111.2 km in speed, depending on the two-lane from the parallel of the Clock C to the parallel of the Clock, the two-lane road in front of the D, Kimhae-si C.

At night, there was a road where the speed limit is 70 km per hour, and in the front side, E-Poter truck was stopped due to an accident, so in such a case, there was a duty of care to observe the speed limit and to safely operate by checking the front side well.

Nevertheless, the Defendant neglected this and did not discover the victim F (34 years of age) who was a police officer who was making a stop on the left side of the cargo vehicle at a speed exceeding 41 km per hour and did not look at the speed of 41 km, but did not find the victim F (34 years of age) and was faced with the victim's bridge and face as the front part of the Defendant's car.

In the end, the Defendant caused the death of victims due to the above occupational negligence, such as a cage cage cage fage and a cage cage cage fages.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to G, H and I;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, on-site photographs, black-stuffs video CDs and photographs, inquiry report for appraisal, and a traffic accident analysis report;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] (the scope of recommending punishment). The scope of mitigation of traffic accidents resulting in general traffic accidents (the safe of April to 1 year) - The special prison: The defendant's age is the defendant's age and the following circumstances.

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