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(영문) 창원지방법원 2019.05.29 2019고단91
교통사고처리특례법위반(치사)
Text

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

However, 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 e-cub vehicle B.

On April 11, 2018, the Defendant driven the above car at around 14:20, while driving it at the window C at the Changwon city, and driving the D-ri-distance intersection in the direction of the window from the direction of children's park to the original.

At the same time, the bicycle lane was installed and the access road was installed to enter the window, so in such a case, there was a duty of care to take care of whether a person engaged in driving the motor vehicle is a bicycle driving on the bicycle road by properly examining the front and rear left, and to prevent the accident by driving the motor vehicle.

Nevertheless, the defendant neglected this and proceeded to the right side of the bicycle driven by the victim E (79 years of age) who is driving on the right side from the left side of the running direction of the defendant's vehicle due to negligence, and got the victim to go beyond the road.

As a result, the Defendant suffered from injury to the victim due to the above occupational negligence, and caused the victim to die in the G Hospital located in F of the window of Changwon-si, which was located in F of the window of Changwon-si. On January 4, 2019, around 15:45, the Defendant caused the death of the victim due to the injury of multiple prolonged organs, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the occurrence of a traffic accident, a report on the actual condition, a report on the scene of an accident, and a black image;

1. Application of Acts and subordinate statutes to a medical certificate, medical statement, statement of intention (whether a person is a serious injury), investigation report (report on confirmation of the status of the victim), and death

1. According to the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act, it may be recognized that the Defendant has shocked the victim by neglecting his/her duty of care to verify whether the Defendant has a bicycle on the front side in the process of entering the port and to take appropriate measures of operation.

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