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(영문) 창원지방법원 진주지원 2015.07.22 2015고단412
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On March 13:35, 2015, the Defendant came to turn to the left at the right edge of the Samcheon-si, Sacheon-si, Samcheon-si, the intersection of the three-distance intersections in front of the Samcheon-si, Samcheon-si, the Samcheon-si, the Kacheon-si auction house, leading to the left turn.

Since there are frequent places between a vehicle and a person, in such a case, there was a duty of care to see the front door as a person engaged in driving of a motor vehicle and to safely proceed with the passage of the motor vehicle and the person.

Nevertheless, the defendant neglected to do so and proceeded on the floor and caused the victim C (the 64 years old) who was moving on the left side from the right side of the defendant's proceeding due to the negligence in the course of his duties, which led the victim C (the 64 years old) who was moving on the right side of the defendant to the front part of the cargo wheeler.

Ultimately, the Defendant suffered injury, such as brain injury, etc., to the victim due to occupational negligence, and as a result, the Defendant caused the death of the victim at the Gyeongju-si Hospital located in Jinju-si around 20:26 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to each photograph and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria [decision of types] traffic accidents (special mitigation] and the punishment or non-prosecution (the scope of recommending punishment] of traffic accidents, and imprisonment without prison labor for not less than four months but not more than ten months;

2. Where a defendant who has been sentenced to sentence causes a traffic accident by negligence in the course of performing his/her duties, resulting in the severe result of the death of the victim, and his/her liability for such crime is not minor;

However, the defendant reflects the crime of this case in depth, and the defendant's bereaved family is a criminal agreement.

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