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(영문) 창원지방법원 밀양지원 2019.09.05 2019고단273
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of B-II cargo vehicles.

On May 27, 2019, the Defendant operated the above cargo vehicle around 13:15, and proceeded to turn to the left at the (or (or (or (or) e.g., the intersection in front of the DDR located in C at Pyang-si, in the direction of the Korea Electric Power Corporation.

In this case, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle by reducing the speed of the vehicle, properly operating the steering gear and operating the steering gear accurately.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and received the victim F (Nam, 57 years old) who was crossing the road from the right-hand side of the Defendant’s course to the left-hand side, as the front-hand part of the cargo vehicle driven by the Defendant.

After all, the Defendant caused the death of the victim on May 30, 2019 while receiving treatment due to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral typ.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a photograph by cutting off on-site CCTV images, and a red view;

1. Application of Acts and subordinate statutes to death certificate or photographs of the deceased;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: The following conditions for a year of suspension of execution in April, and the age, character and conduct, environment of the defendant, and the circumstances before and after the instant crime.

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