(영문) 창원지방법원 진주지원 2015.02.04 2014고단1155

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(영문) 창원지방법원 진주지원 2015.02.04 2014고단1155

교통사고처리특례법위반

Text

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

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 of B Poter cargo vehicles.

On August 2, 2014, at around 13:08, the Defendant proceeded at a speed of about 45 km from the direction of the Geum River Village to the direction of the Geum River Village.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by putting the front door and accurately manipulating the steering gear.

Nevertheless, the defendant neglected to stop on the front side of the cargo of the defendant E (the 77 years old), who was standing on the front side of the cargo of the defendant, due to the negligence in the course of his duties, and continued to stop on the front side of the cargo of the defendant (the 7 years old).

Ultimately, the Defendant suffered double injury from the victim due to the foregoing occupational negligence, which led to the death of the victim from brain death at the Gyeongju-dong Hospital located in Jinju-si around August 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report and a traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to field photographs and victim photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is one of the cases where the crime of this case caused the death of the victim due to the shock of the victim's sloppane by negligence that the defendant did not properly see the front door at the bend direction.

참조조문

유사 판례

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