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(영문) 창원지방법원 2017.04.19 2017고단323

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 engaging in driving a rocketing car.

On December 29, 2016, the Defendant driven the above car at around 14:30 on December 29, 2016, and led to the left turn from the front of the “E” road at Kimhae-si D to the middle school at the right right turn.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly see the front line and not to operate the center line.

Nevertheless, the defendant, at the time of the mistake of the central line and the left turn to the left turn, shocked the victim F, who crosses the road to the same elementary school from the customary market in the Dong-dong Kim-ri-dong at the same time, into the front part of the above car.

Ultimately, the Defendant caused the victim’s death due to the above occupational negligence by causing the victim’s long-term damage on the spot.

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. A person who is sentenced to special sentencing guidelines for 2 months from April to August, 1 year and 2 years from or from August to three years from the base of the reduction of types of traffic accidents under Article 62-2 of the Criminal Act: A person who is sentenced to general sentencing in the mitigation area (from April to 1 year): A sentence of imprisonment without prison labor for one year and 6 months: A sentence of imprisonment without prison labor for one year and 2 years from the suspension of execution, a ground of increase of 24 hours: A confession, a person who is not subject to punishment for a victim's bereaved family, liability insurance, transfer of a defendant's vehicle, etc.;