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(영문) 창원지방법원 거창지원 2020.02.05 2019고단358
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of B Poter cargo vehicles.

At around 13:40 on September 23, 2019, the Defendant driving of the above cargo vehicles, leading the roads in front of the office of the State forest located in the 1072 Seo-gu, Yangnam-gun, Yangyang-gun, Yangyang-gun, to the direction of Chigh School from the remote distance protection area.

In such a case, there was a duty to take care of those engaged in driving service well, and to prevent accidents in advance by accurately operating steering steering devices and brakes.

Nevertheless, the defendant did not discover the victim D, who crosses the road to the right side from the left side of the defendant's moving direction due to negligence of neglecting the front direction, and did not discover the victim D, who crosses the road to the right side, and got the victim to go beyond the floor.

Ultimately, at around 15:24 of the same day, the Defendant caused the death of the victim due to an occupational negligence by causing the injury to the blood and the brain injury to the trauma in the F Hospital located in Jinju-si E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the occurrence of a traffic accident;

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

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person] caused by a traffic accident: Reduction area of punishment not (the scope of recommendation and recommendation), reduction area, reduction area of punishment not (the scope of recommendation area and recommendation), April through one year;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

However, there is no criminal record other than twice fine prior to the fact that the defendant has recognized and reflected his/her mistake, that he/she has agreed with the bereaved families of the victim.

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