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(영문) 창원지방법원 마산지원 2017.05.23 2017고단266
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three 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 C 25 tons' grassland truck.

On February 22, 2017, 14:30 around 14:30, the Defendant: (a) driven a road near the main quarter of the mid-to-sea highway located in the Haguan-gun, Hagu, Haguk-gun, Hagu, Sinnam-do to Busan from the Daegu to the Busan in the direction of Daegu, caused by occupational negligence by the victim D (n, 42 years old) who was stopped due to the traffic congestion in the front of the road while driving the road on the front section of the road, which was not properly operated for the operation of the front road and the operation of the operation system, caused the back part of the victim D (n, 42 years old) who was stopped due to the traffic congestion in the front section; and (b) caused the collision to the front part of the truck.

Ultimately, the Defendant caused the death of the victim F (F, 16 years old), and G (V, 68 years old) who was on board the said victim D, mother learning car due to the above occupational process and office injury, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. A report on the occurrence of a traffic accident, and a traffic accident analysis report;

1. A report on internal investigation, and photographs attached thereto, and CCTV on expressway;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

Unfavorable circumstances: the father, mother, and her mother who was on board the damaged vehicle due to the instant accident were dead.

The pain of the bereaved family who has lost the family at one time at the stroke will be unable to be sentenced.

The same large vehicle as the defendant has driven.

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