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(영문) 창원지방법원 2020.05.07 2020고단260
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three 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 B Poter cargo vehicles.

On November 8, 2019, at around 05:45, the Defendant driven the above cargo vehicle, and driven the two-lane road in front of the moving intersection distance of 467, the Changwon-gu, Changwon-si, Seosan-si, by the speed of about 78 km each hour from the direction of the moving intersection to the direction of the moving intersection.

At the time, night and its limit is 60km per hour, and in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there is a vehicle entering the intersection by reducing speed and properly checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and operated at a restricted speed exceeding 17 km without examining the right and the right and the right and the right and the Defendant failed to detect the bicycles driven by the victim C(76 years old) who immediately enters the same lane after moving the intersection from the right and right and immediately moving into the same lane, and received them from the front part of the truck of the Defendant.

Ultimately, the Defendant caused the death of the victim at the Busan University Hospital located in Seo-gu Busan Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Busan Metropolitan City on November 10, 2019 due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a traffic accident analysis report, and a report on internal investigation (net 8);

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of each accident site;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is likely to cause the death of the victim by causing a traffic accident while driving at night more than a limited speed. The criminal liability of the defendant is heavy.

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