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(영문) 창원지방법원 거창지원 2014.08.13 2014고단164
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for one year.

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 a C Twitler truck.

On April 27, 2014, the Defendant driven the above vehicle on April 27, 2019, and proceeded at a point of 88 Expressway 125.9 km in the Mari-ri-ri, the Mari-ri, where he left the Gyeong-do, in Daegu, at a speed of 76 km per hour from the Myeon of Gwangju to the Myeon of Gwangju.

At the time, it was night and the low speed road was less than 80 km, and thus, a person engaged in driving a motor vehicle has a duty of care to safely operate the motor vehicle so that it does not conflict by accurately manipulating the steering and steering gear, etc. while driving the motor vehicle at a speed of not more than 64 km, which reduces 20/100 of the highest speed.

Nevertheless, the Defendant neglected to perform his/her duty of speeding at approximately 76 km without performing his/her duty of speeding, and due to negligence on the road operated without neglecting his/her duty of speeding at the front time, found the e-breadth halog car of D Driving which was stopped by 90 degrees on the left-hand side of the road, and taken a sudden action to stop the halog car, but it did not reach this, and caused the above halog car to be cut down on the front right-hand side of the Defendant’s driving freight, and caused the above halog car to be cut down on the halog car.

Ultimately, the Defendant caused the death of the Victim F(48 years of age) and the Victim G(47 years of age) who was aboard the D Driving Vehicle due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A traffic accident report;

1. Each medical certificate;

1. Application of Acts and subordinate statutes to autopsy reports;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 of the Criminal Act:

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