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(영문) 창원지방법원 밀양지원 2020.02.06 2019고단575
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2019, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Changwon District Court, which became final and conclusive on October 25, 2019.

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 24, 2019, the Defendant driven the above vehicle on October 19:25, 2019, and led not only to the 1138-lane 1138 from the site of the Manpo-gun, Mapo-gun, Mapo-gun, but also to the mix of the site from the territorial area to the Eup.

At the time, the road was night and there was a slope to prevent the accident, so there was a duty of care to prevent the accident by thoroughly manipulating the front hour and accurately manipulating the steering and brakes.

Nevertheless, the Defendant failed to neglect this and failed to discover the bicycle driven by the victim C (year 62) prior to the bend of the bend of the bend of the bend of the bend of the bend of the Defendant, and did not discover the bicycle in front of the bend of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the injury of the two external injuries in the emergency room of the E Hospital located in the Gun, rather than in Vietnam, from around 20:46 on the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accidents, report on the occurrence of traffic accidents, and report on the settlement of reported cases;

1. A written result of autopsy;

1. On-site photographs and photographs of victims, bicycles, cargo vehicles, and field photographs;

1. Responses to the proper inquiry or the traffic accident analysis request of the Road Traffic Authority;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the fact that they are ex post facto concurrent crimes);

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 selection of

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Although the suspended sentence of Article 62(1) of the Criminal Act is too severe as a result of sentencing, the defendant is wrong.

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