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(영문) 창원지방법원 2017.12.28 2017고단3941
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On August 30, 2017, the Defendant driven the above cargo vehicle around 10:35, and proceeded at a speed of about 50km from the fash-ro Mag-ro Mag-ro 1495 to the creative rock collection place from the fash-ro agricultural cooperative.

At all times, the intersection without any signal has been accumulated with a height of the diameter of the road. In such a case, there was a duty of care to check whether a person engaged in driving service has a motor vehicle combined with the intersection by reducing speed and checking well the right and the right and the right of the road, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it is without looking at the right side of the cargo vehicle of Defendant D(88) operated by the victim D(88) who was in the right side of the Defendant’s proceeding by the crosssection in the direction of the Defendant’s proceeding, and received the front part of the left side of the Hatoba, which was driven by the Defendant, as the part before the right side of the cargo vehicle of Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, as G hospital located in Kimhae-si F around August 30, 2017, by the Defendant, due to the long-term damage to the chest clothes during the transmission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year) (the period from April to one year) and the punishment is not imposed (including the serious efforts to recover damage);

2. Consideration, such as the fact that the defendant who was sentenced to the punishment led to the confession of a crime and repents, that the victim's bereaved family members and agreement has been made with the victim, and that there has no history of crime

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