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(영문) 창원지방법원 마산지원 2016.12.06 2016고단941
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 engaged in driving C25 tons of dump trucks.

On June 18, 2016, the Defendant driven the above truck on June 17:41, 2016, and stopped the two-lane of the two-lanes in front of the 41 large forest apartment zone in Changwon-si, Muwon-si, Yangnam-ro, Yangyang-ro, Seoul, with the one-lane distance from the one-day off of the dudial distance from the dudial distance, and continued

At this place, there was a crosswalk with signal apparatus installed on the front door, so the driver of the vehicle has the duty of care to safely drive the vehicle and prevent the accident by safely driving it after complying with the signal and checking whether the driver of the vehicle is only a pedestrian on the front side.

Nevertheless, due to the negligence that the defendant neglected this, while proceeding even though the vehicle signal was stopped, he did not look at the victim D (six years of age) who passed the crosswalk on the left side from the right side of the direction of the proceeding to the left side according to the pedestrian's signals, but went beyond the floor by shocking the victim with the driver's front seat of the truck driving of the defendant, and then the head side of the victim was shocked with the front wheels.

Ultimately, at around 17:58 on June 18, 2016, the Defendant caused the death of the victim due to the above occupational negligence on the grounds of two severe injury at Samsung Changwon Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A written result of autopsy;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes on investigation reports (related to black stuffs and images);

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 Criminal Act for providing community service and attending lectures;

1. The range of recommendations on the sentencing guidelines: The basic area (8 to 2 years) of the types of general traffic accidents (the scope of recommendations) (the death of traffic accidents) (the person subject to special mitigation) shall be from 8 months to 2 years (the person subject to special mitigation).

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