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(영문) 창원지방법원 진주지원 2018.10.04 2018고단952
교통사고처리특례법위반(치사)
Text

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

However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Cargo Vehicles.

On May 19, 2018, the Defendant driving the above cargo vehicle around 04:25, and driving the front road of the “F” near the E High School D in Jinju-si, at the speed of speed below the speed of speed, depending on the eromatic distance from the eroscopic surface of the eroscopic road.

At the time, it was difficult to keep the surrounding areas due to the new wall time, and there was a stable and housing in the vicinity of the straight line. In such a case, a person engaged in driving service has a duty of care to take care of preventing accidents by accurately operating the steering gear and operating the steering gear and operating the steering system.

Nevertheless, the Defendant neglected to do so and neglected his duty of care in the front bank, and neglected to take part in the Defendant’s direction, and did not discover the Victim G (M, 74 years old) who was faced with a rush from the front side of the direction of the Defendant’s proceeding and was faced with the victim’s front part of the cargo vehicle.

Ultimately, at around 05:36, the Defendant caused the death of the victim due to the injury of external wounds in the emergency room of the University Hospital at the Jinju-si, Jinju-si, and the emergency room of the University Hospital at the time of the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H and I by the police;

1. A traffic accident report and an accident-related photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - Unfavorable circumstances: The victim’s death and thus his/her death - favorable circumstances: The victim has no criminal history of punishment, serious reflectivity, subscription to the comprehensive motor vehicle insurance, or any other criminal record of the same kind or suspension of execution or more;

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