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(영문) 창원지방법원 진주지원 2015.04.22 2015고단152
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who is engaged in driving a marina freight vehicle B.

On September 21, 2014, the Defendant driven the above cargo vehicle on September 21, 2014, and continued to drive it in the parking lot near the Jin apartment located in the Jin apartment located in the Jindong-gun, Chungcheongnam-do.

At the time, there was a night and a person passing through the place, so in such a case, there was a duty of care to safely check the rear side as a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and did not look at the rear, and neglected to do so, followed the victim C (the age of 52) who was faced with the cargo vehicle from the rear side of the cargo vehicle of the Defendant by negligence in the course of business, which led the Defendant to walk up the cargo vehicle of the Defendant to the rear side of the cargo vehicle of the Defendant, leading the victim to the floor, leading the victim to the right side of the victim.

Ultimately, the Defendant suffered from an injury, such as a diversous flag and pule, due to the above occupational negligence, from the victim’s diversous flag, etc., which led to the death of the victim at the Guran University Hospital located in Jurju-si around September 22:47, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a field map, on-site photographs, a survey report on the actual condition, or a black flaf course;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of traffic accidents (special-sponsor) resulting from a traffic accident (special-sponsor): Not less than 4 months but not more than 10 months from the imprisonment without prison labor for not less than 4 months;

2. The defendant who has rendered a sentence of punishment has caused a traffic accident by negligence in the course of performing his duties and caused the death of the victim, and the liability for such crime shall not be minor.

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