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(영문) 창원지방법원 밀양지원 2021.03.09 2020고단530

교통사고처리특례법위반(치사)

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

The Defendant is a person engaged in driving a rocketing car.

On October 11, 2020, the Defendant driven the above car at around 05:47, and proceeded two lanes in front of the 1545 Stopon Police Station at the right south of the pushed, along with two-lanes from the right edge of the towing distance.

In this case, there was a duty of care to reduce the speed of persons engaged in driving service and to safely proceed to prevent accidents by safely driving the crosswalk. In this case, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded along as it was, and the Defendant shocked the victim C (the 77 years old) who was on the right side from the left side of the direction of the Defendant’s course to the right side of the said rocketing car.

Ultimately, the Defendant caused the victim's death by occupational negligence on the same day as the one of the two traumas.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Application of Acts and subordinate statutes to on-site medication and each photograph death certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act is very heavy in light of the fact that the result of the death of the victim was caused by the traffic accident in this case): Provided, That the defendant does not repeat the crime in proportion to his depth; the defendant agrees with the bereaved family members; there is no history of criminal punishment heavier than the suspended sentence of imprisonment;

1. An order to attend a course under Article 62-2 of the Criminal Act;