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(영문) 창원지방법원 진주지원 2018.04.18 2017고단1048
교통사고처리특례법위반(치사)등
Text

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

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

Reasons

Punishment of the crime

On August 10, 2017, the Defendant was a person who is engaged in driving C, and operated the above cargo vehicle around 05:00 on August 10, 2017, and proceeded two lanes in front of the “E cafeteria” located in Jinju City, along the two lanes from the intersection to the front of Scheon-si, in the speed of 121km.

At the time, it was difficult to see that the speed was 80km or less per hour, and in such a case, a person engaged in driving a motor vehicle has a duty of care to look at the front and right, to observe the speed of restriction, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and found that the Defendant’s fault at a speed exceeding 41 km per hour, driving at a speed exceeding 121 km per hour, at the front side of the Defendant’s front side, late behind the movement of the Victim F (74 cm) driven along two lanes, and received the rear part of the said movement as the front part of the Defendant’s cargo vehicle.

Ultimately, on August 14, 2017, the Defendant, by such occupational negligence, caused the death of the victim FF at a university hospital due to brain injury, etc. at the university hospital. At the same time, the Defendant suffered injury to G (V, 74 years old) who was a fluor of the said fluor of the fluor of the fluor of the fluor of the fluor of the fru

Summary of Evidence

1. Statement by the defendant in court;

1. Bluice stuffs images;

1. On-site photographs;

1. A death certificate;

1. A traffic accident analysis report;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (occupational and Actual Death);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Category 1 - The sentence of recommending death: April to one year (the area of mitigation): No penalty shall be imposed;

(b) crime 2 - Injury.

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