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(영문) 창원지방법원 마산지원 2021.01.20 2020고단1139
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

B Around 06:10 on May 24, 2020, the Defendant, who is engaged in the operation of a bus in fishing at the time of fishing in New Scki, driven the above bus on May 24, 2020, proceeding with the two-lane Sc in the vicinity of the D-do road located in Changwon-si, Changwon-si, a three-lane Scki, moving from the Sckid Scki of the upper valley to the remote distance of the upper valley, and changed to the one-lane.

그곳은 제한 속도가 시속 60km 인 곳이었으므로 이러한 경우 운전 업무에 종사하는 사람에게는 제한 속도를 준수하면서 전방 좌우를 잘 살피고 조향 및 제동장치를 정확히 작동하여 방향지시 등을 켠 다음 차로를 변경하는 등 사고를 미리 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, in order to avoid the bus, the Defendant neglected this, while driving at a speed exceeding about 84 km per hour, which is a speed exceeding 24 km, caused the victim E (e.g., 64 years old) (e., f4 years old) who was driving on one lane due to the negligence of changing the course to a one-lane and driving on the one-lane, to get the victim E (e.g., the victim E (e., f4 years old) who was driving on the left side by plucking off the hand of the Fchier car which was driving on the left side.

Ultimately, the Defendant suffered injury to the victim E, including approximately 12 weeks of the need for medical treatment, due to the above occupational negligence, and caused the death of the victim G (son, 68 years of age) who was on board the back seat of the said franchise vehicle and received medical treatment at the H hospital of this H on May 29, 2020, during which the Defendant was receiving medical treatment at the victim G (son, 68 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A E-document;

1. A survey report on actual conditions, on-site photographs, death certificate, diagnostic certificate, and traffic accident analysis report;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Suspension of execution under the Criminal Act;

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