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(영문) 창원지방법원 거창지원 2020.04.22 2020고단18
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On December 7, 2019, the Defendant driven the above cargo vehicle at around 14:16, and tried to turn to the IC on the road after entering the said road from a farming road of about 3 meters in width of the area of the “E” surface to the two-lane road of the Djug-gun, Chungcheongnam-gun, Chungcheongnam-do.

At this point, since the road was on which the center line of yellow-ray was installed, the defendant engaged in the driving of the motor vehicle has a duty of care to proceed with the motor vehicle by driving the vehicle to the place where the internship is possible after entering the said road by bypassing it, and driving the vehicle to the place where the internship is possible.

Nevertheless, the Defendant neglected this and tried to turn to the left in the middle of the two-lane road in front of the oil station above the median line, and caused the victim G (the age of 61) (the age of 61) who was normally driven by driving the above-lane road from the ChangIC bank to the Changdong BEAVVE125 Oral road from the ChangIC bank, to find and avoid the above cargo vehicle, thereby lowering about 5 meters on the road floor.

Accordingly, the Defendant caused the victim to die by occupational negligence at the I Hospital located in Daegu-gu, Daegu-gu, at around 16:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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. Determination of sentence:

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