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(영문) 창원지방법원 거창지원 2020.03.04 2019고단408
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 a wing and cargo vehicle B.

On October 4, 2019, the Defendant driven the above cargo vehicle at around 12:27, and made the left turn to the left on the surface of the upper hill in order to enter the road from the stable located in Chang-gun, Chungcheongnam-gun, Chungcheongnam-do.

Since there is a farming road and a place where the view is not well secured by trees, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing speed according to road conditions and accurately operating the brake system, and prevent accidents by driving the motor vehicle.

Nevertheless, if the Defendant neglected to do so and failed to operate the brakes properly due to negligence without reducing speed by neglecting his duty of care on the front side and the left side, the Defendant was able to receive a part of the fIT 100 motorcycle driving by the victim E (Nam, 78 years old) who was driving the said road on the surface of the D Village from the upper side of the river.

At around 01:18 on October 20, 2019, the Defendant caused the victim’s death by occupational negligence to the H hospital located in Daegu-gu, Daegu-gu to cause the victim’s death by cerebral cerebral cerebral cerebral cerebral cerebral cerebral ty

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

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 is limited to the case where he is unable to observe that he is the death of the victim due to the careless driving of the defendant in the decision of sentence; and

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