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(영문) 창원지방법원 진주지원 2020.05.12 2020고단383
교통사고처리특례법위반(치사)
Text

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

except that 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 the nivers-II cargo vehicles in freezing B.

On November 6, 2019, the Defendant driven the above cargo vehicle around 10:39, and led to the two-lane intersection of the two-lane 59-9 in the Geum-si, Jin-si, Jin-si, Jin-si, Gin-si, Gin-si, Jin-si, the two-lanes from C to Minsan-do.

At this point, no signal is installed, and it is connected to a narrow farm, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering wheel, steering and brakes to the person engaged in driving service.

Nevertheless, the Defendant neglected this and immediately discovered the victim D (n, 81 years old) who crossed to the port from the right side of the defendant's course without permission due to negligence, and operated it to avoid this. However, the Defendant did not avoid the situation and did not go beyond the ground by receiving the head part of the above victim's head from the front winger and the backer part.

Ultimately, at around November 6, 2019, the Defendant caused the death of the victim from the injury to the two injury to the two injury to the injury of the victim at the Gyeong University Hospital located in Jinnam-ro 79, Jinnam-si, Jinnam-si, Jinnam-si, Jinnam-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A death certificate;

1. Application of accident site photographs, CCTV images, and CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Although a suspended sentence under Article 62(1) of the Criminal Act resulted in a serious consequence of the victim’s death due to the Defendant’s negligence, the victim’s bereaved family members agree with the victim’s bereaved family members.

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