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(영문) 창원지방법원 거창지원 2018.08.08 2018고단139
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a low-speed car.

On March 12, 2018, the Defendant driven the above car at around 17:10, and led to the progress of the roads in front of the Ansan village located in the Seocheon-gu, Dongcheon-gun, Dongcheon-gun, Seocheon-do from the Mancheon-si to the Macheon-do Myeon.

In this case, the person engaged in driving service has a duty of care to observe the designated lane and to accurately operate the steering gear and the steering gear in order to prevent accidents in advance. In this case, the person engaged in driving service has a duty of care to observe the designated lane and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and received a part of the left-hand side of the Defendant’s low-speed car driving on the left-hand side of the victim C(74 tax) who is driving in this part of the center line due to the negligent negligence.

Ultimately, due to the above occupational negligence, the Defendant caused the victim’s death by collecting waste from a hospital of Gyeong-gu, Daegu-ro, Daegu-ro, 130 at around March 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A death diagnosis report or postmortem report;

1. On-site photographs and photographs of collisions;

1. Application of each investigation report (the response to the site conditions at the time of dispatch of a report on a traffic accident 112 and the response to a request for engineering analysis of the occurrence of a traffic accident);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order, and the defendant's age, occupation, sex, family relationship, and crime.

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