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(영문) 창원지방법원 통영지원 2016.11.16 2016고단1341
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On July 20, 2016, the Defendant: (a) driven D Poter Cargo, and changed the course while driving the D Poter at a speed of 60km per hour, depending on one lane of the second line, from the Jin-Eup to the window of the Jin-gun, the Defendant changed the course while driving the D Poter Cargo at a speed of 60km per hour.

In such a case, although a person engaged in driving of a motor vehicle had a duty of care to safely change the vehicle line and prevent an accident, the defendant caused the death of the victim by a low blood shock tank around 13:36 of the same day among the day when the victim was receiving treatment at the lower part of the said cargo vehicle in Samsung Changwon Emergency Hospital because of the occupational negligence by changing the vehicle line from the right side of the said cargo vehicle without properly examining the right side. In this case, the driver dump truck's dump truck's dump truck's dump part of the driver's dump truck's dump truck's dump to the right side of the said cargo vehicle and lost its direction due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. A written agreement;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant laws concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Selection of Traffic Accidents, and Selection of imprisonment without prison labor, Article 268 of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines of the Supreme Court (the scope of the recommended sentence) shall be limited to the area where the reduction area (four months to one year) is mitigated (the occurrence of traffic accident) according to the type 2 of general traffic accidents;

2. Determination of sentence - Determination of favorable circumstances: The fact that there are separate agreements with the victim's bereaved family members, absence of any previous convictions, and the defendant's compensation, etc. shall be the preference to the defendant.

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