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(영문) 창원지방법원 진주지원 2019.05.16 2019고단15
교통사고처리특례법위반(치사)
Text

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

Provided, That the execution of a sentence 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 B Poter cargo vehicles.

At around 19:50 on September 21, 2018, the Defendant was driving ahead of the D store located in Jinju-si C along the two-lanes from the direction of the Bancho teachers' distance to the direction of the Bancho teachers' distance.

At this point, a crosswalk without signal apparatus is installed, and the victim E (the age of 45) crosses the crosswalk to the right side from the left side, so there was a duty of care to temporarily stop the person engaged in driving service and make the way to pass or yield.

Nevertheless, the defendant neglected to do so and went beyond the road by shocking the victim's right upper part of the front part of the cargo tank of the defendant, which was due to the negligence of the defendant's failure to do so.

Ultimately, the Defendant caused the death of the victim of occupational negligence due to the cerebral cerebral cerebral cerebral cerebral typosis, external typopic shock, and acute pulmonal pulmonary pulmonary pulmonary pulmonary typosis at the Busan National University Hospital located in 179, Seo-gu, Seo-gu, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Image data CD of the skin vehicle;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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;

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