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(영문) 창원지방법원 진주지원 2020.04.14 2019고단1714
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

The defendant is a person who is engaged in driving service of B concrete mixed freight vehicles.

On October 25, 2019, at around 11:11, the Defendant driven the above cargo vehicle, and led the three-lane road in front of the Jinju Office in the Donam Regional Statistics Office located in 963 as the Jinju City, along with a one-lane road from the C market room to the Jinju Intersection.

At this point, there was an intersection where signal lights are installed, so in such a case, the driver of the vehicle has a duty of care to observe the signal, to see the right and the right and the right, to operate the steering system and the brake system accurately, to prevent the accident by operating it safely, and to prevent the accident.

Nevertheless, the defendant neglected this and neglected to turn to the left, thereby obtaining the victim's DNA (age 82) driver's bicycle crossing the road from the left side to the right side of the defendant's freight driving direction from the defendant's cargo driving direction to the right side of the defendant's cargo vehicle and making the victim go to the road.

Ultimately, the above victim is deemed to be a clerical error as stated in the indictment on October 27, 2019, because it appears that the above victim was a clerical error. Thus, this is corrected.

At around 03:29, the emergency department of an ordinary university hospital located in Gangnam-ro 79, Jinju-si, Jinju-si caused death by brain death.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A death certificate;

1. Application of the Acts and subordinate statutes on CCTV accidents such as an accident site and a corpse autopsy photograph, and CCTV accident scene images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The types of recommendations according to the sentencing criteria.

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