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(영문) 창원지방법원 거창지원 2017.06.09 2017고단104
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four 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 drives B cargo vehicles.

On March 2, 2017, the Defendant driven the above vehicle on March 13:22, 2017, and proceeded at a speed of about 86 km from the west-gun, Chungcheongnam-gun, to the north-west Office at a speed of about 86 km in speed.

그곳은 차량과 사람들의 통행이 빈번한 마을 앞 도로로서 마을로 진입하는 샛길이 합류하는 지점이었고, 제한 속도 시속 60km 의 도로였으므로, 이러한 경우 자동차를 운전하는 사람에게는 전방 및 좌우를 잘 살피고, 제한 속도를 초과하지 않는 등 교통질서를 준수하면서 운전해야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected to do so, and due to the negligence of speed of 86 km a speed exceeding 26 km a speed of speed, and received the front part of the Defendant’s vehicle, where the victim D (84 tax) who entered the road on the left side of the running direction of the Defendant entered the road on which the Defendant is driving.

Ultimately, the Defendant caused the death of the victim E (the age of 82) who was on the part of the damaged urbane due to such occupational negligence, and caused the death of the victim E (the age of 82) at the same place, and caused the victim D to the Daegu F Hospital and transferred the victim D to the treatment, and caused the death of the victim on April 3, 2017 due to cerebrovassis around 13:44.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and the report on a traffic accident;

1. Response to a request for traffic accident analysis;

1. A report on the occurrence of each death certificate or each traffic accident history case;

1. Application of Acts and subordinate statutes on traffic accident records;

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. Article 62(1) of the Criminal Code of the Suspension of Execution (which means an agreement with the bereaved family members of the victims).

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