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(영문) 창원지방법원 2017.04.26 2017고단863

교통사고처리특례법위반(치사)

Text

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

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

The defendant is a person who is engaged in the driving of a cargo vehicle B.

On February 16, 2017, the Defendant driving the above cargo vehicle around 15:30 on February 16, 2017, and driving the blind distance in front of the D Hospital in G in Kimhae-si, Kim Jong-si, at the speed of 60km each hour between three lanes in the direction of the Gusan-dong.

Since there are many places where the commercial buildings are concentrated in and around, a person engaged in driving duty has a duty of care to drive safely by accurately operating the steering direction and brake system by reducing speed and properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and caused the death of the victim E (the 78 years old) who crosses the above cargo to the right side from the left side of the foregoing cargo vehicle without permission due to the shocking of the front part of the above cargo vehicle, which led to the death of the victim due to the diversification of head, chest, and the part on the part of the vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the occurrence of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act (Punishment of Imprisonment without prison labor);

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

1. Persons subject to the sentencing guidelines of Article 62-2 of the Criminal Act, whose sentencing under Article 62-2 of the Order to Attend a lecture, is aggravated by the base of the reduction of types of traffic accidents: From April to August 1 to two years, and from August 1 to three years: The sentencing guidelines of the mitigation factors (unlimited sources of punishment, and unauthorized crossing of the victim): General sentencing factors (from February to one year): The sentence of imprisonment without prison labor for a year and a suspended sentence of two years: The sentence of imprisonment without prison labor for a year and a suspended sentence of two years; the grounds for a reduction of 40 hours: A confession of a victim of an old age, etc.; a confession of a victim; a victim is not subject to punishment; a principal offender; a dependent (the wife and a person suffering from pinson’s disease);