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(영문) 창원지방법원 진주지원 2019.10.17 2019고단731
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 freight B and B.

On April 3, 2019, the Defendant driven the above cargo vehicle on April 19:40, and continued to run the "D community hall" road in the Hahnam-gun C, Hahnam-nam-gun, into the face of the head of the office, from the ground where the rooftop was located.

At the time, it is night and a narrow one lane. In such a case, the driver of the vehicle has a duty of care to prevent the accident by accurately operating the steering gear and operating the steering gear in a safe way.

Nevertheless, the defendant neglected this and found the victim E (or, 86 years of age) who walked in the same direction along the right side of the road from the front side of the road, late later, and received the victim as the front side of the above cargo vehicle due to negligence which fails to operate the brake at the time.

As above, at around 20:46 of the same day, the Defendant caused the victim to die due to the injury to the two injury to the trauma while receiving medical treatment at a general university hospital due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site and vehicle photographs, investigation reports (referring to shocking and shocking points);

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. The fact that a result of the death of a victim has occurred due to the negligence of the defendant's driving in the decision of sentence, and that of the defendant's driving negligence;

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