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(영문) 창원지방법원 마산지원 2017.08.08 2017고단618

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a low-priced vehicle B.

On April 28, 2017, the Defendant driven the above vehicle at around 21:10, while driving at the speed of 75km/h from the head of the house to the speed of Hasan Village, the Defendant caused the victim E (75 years of age) who crosses the road to the right side from the left side of the progress direction due to occupational negligence, which did not properly turn the front distance from the speed of Hasan Village to the speed of 75km.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, which was sent to G hospital located in the Changwon-si, Changwon-si F at around 22:05 on the same day, and caused the death of the victim due to two severe injury during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. A traffic accident analysis report;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Scope of recommended punishment on the sentencing guidelines: In the area of special mitigation (two months to one year) (special mitigation) for the types of traffic accidents in the range of two months to one year (the scope of recommended punishment) of imprisonment without prison labor, the victim is not subject to punishment (including efforts made to recover damage), if he/she is negligent in the occurrence of traffic accidents or the expansion of damage;

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: A serious result of the death of the victim was occurred due to the instant accident.

The favorable circumstances: The crime of this case is against the law.

In agreement with the bereaved family members of the victim, the bereaved family members do not want the punishment of the defendant.

The place where an accident occurred is without street lights, and there is no crosswalk.