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(영문) 창원지방법원 진주지원 2019.09.26 2019고단352
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a car B i30.

Around 17:50 on December 9, 2018, the Defendant driven the said car and proceeded along one-lane from the right edge to the right edge of the road from the right edge of the landing bridge, located in the 70-lane, Jin-dong, Jinnam-do, Jinnam-do.

At the time of the defendant Jeon-dong, there was a duty of care to safely drive the bus platform repair work installed on the roadside by the victim C (the age of 45) and D, which he operated along with D, on the road in order to board the steering of the freight Class II, so in such a case, the driver of the vehicle had a duty of care to safely drive the bus platform by properly operating the steering and steering gear.

However, the defendant neglected this and did not look at the right and the right and the right and the right and the right and the right and the part of the defendant's negligence that did not properly operate the steering and operation system, and caused the victim to go beyond the ground floor.

In the end, the Defendant caused the death of the victim from the occupational negligence above to the low-blood shock shock caused by diversified damage in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A postmortem report, a postmortem report, and a postmortem photo;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to each traffic accident report;

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 accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;

3. The victim shall be a victim by negligence of the defendant's decision of sentence;

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