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(영문) 창원지방법원 마산지원 2018.04.13 2018고단62
교통사고처리특례법위반(치사)
Text

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

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 the business of driving a C treatment 25 tons truck.

On December 6, 2017, the Defendant driven the above truck and continued to run approximately 61 km in Si/Gu/Eup, from the erode to the erode of Si/Gu-Si, Gyeong-gun, Yong-gun, Gyeong-gun, Yong-do.

Since there is an intersection where on-and-off signal of yellow light is installed, there was a duty of care to check the safety of the course by reducing the speed and checking well the right and the right of the driver of the vehicle, and prevent the accident in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전화 통화를 하면서 전방 주시를 소홀히 하고 속도를 줄이지 아니한 과실로 맞은편에서 좌회전하는 피해자 D(82 세) 이 운전하는 E 오토바이를 뒤늦게 발견하고 위 트럭 좌측 전면 부로 위 오토바이를 들이받아 피해자로 하여금 도로에 튕겨 나가 머리를 바닥에 부딪치게 하였다.

Ultimately, at around 11:51 on December 6, 2017, the Defendant’s occupational negligence caused the death of the victim due to blood transfusion and damage to the state of the body in the wall cancer hospital located in 14-lane 10 from the wall cancer medical foundation’s hospital located in 14-gil, Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A traffic accident report;

1. Revolving results of analysis of on-site photographs and tachographs;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Standard for Sentencing [Determination of Type] Basic Field 2 (Determination of Place of Recommendation] (Determination of traffic Accidents Death, etc.] Basic Field of Traffic Accidents [Scope of Recommendation] from 8 months to 2 years (person subject to general sentencing] of imprisonment without prison labor for a period of 8 months to 3 years: Deposit of a reasonable amount, joining a mutual aid association;

2. The result of the decision of sentence is the death of the victim;

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