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(영문) 창원지방법원 밀양지원 2018.03.29 2017고단611
교통사고처리특례법위반(치사)등
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 Track D852 (no registration number).

On October 9, 2017, the defendant driving the Track Track and moved to the national highway No. 79 on October 14:25, 2017, bypassing the office of the Hack-ro from the front of the Hack-gun to the lac.

At this point, a farmer was a string in the direction of the defendant's proceeding. At the edge of the national highway No. 79 that the defendant wants to enter, there was difficulty in confirming whether there is a vehicle going on the road because the roadside and the swimming pool are located in the edge of the national highway No. 79. In such a case, a person engaged in the operation of a string has a duty of care to prevent accidents by carefully observing the right before entering the road and paying attention so as not to interfere with the course of the vehicle in progress on the road.

Nevertheless, the Defendant neglected this and did not properly examine the passing of the vehicle on the front side, and was by occupational negligence entering the national road No. 79 national highways as it was, and was proceeding on the right side from the left side of the direction of the Defendant’s course.

C was the part left side of D-wing and C-1 ton cargo vehicle operated by C, which is linked to the front of the Track.

Ultimately, the Defendant caused the death of the victim E (the 61 year old), who is the passenger of the damaged vehicle due to the foregoing occupational negligence, due to the diversating divers from the site and the low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the reply statutes to a traffic accident analysis request;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] shall be the general traffic accident.

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