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(영문) 창원지방법원마산지원 2020.08.11 2020고단444

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

On April 12, 2020, the Defendant driven B K5 taxi on April 12, 2020, while driving a 00:10 B K5 taxi, followed by two lanes from the Industrial Bank of Korea to the long distance distance from the coast to the coast.

It is the road with a speed of 70 km per hour, and at the time, there was a duty of care to reduce the speed and to make the right and the right of the driver of the motor vehicle safely by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected to drive the said taxi in excess of 80km a speed of 80km, and caused the victim E (E, South and 53 years old) who was walking the said taxi due to negligence, with the front part of the said taxi.

Ultimately, at around 00:57 on April 12, 2020, the Defendant caused the death of the victim at G Hospital located in the Changwon-si, Changwon-si, Changwon-si due to the severe injury to the two parts of the evidence and the chest damage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Explanation by cutting down a black stuff image;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (as to signals and over-speed);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two months to one year.

3. Opinions of inspection: One year’s imprisonment without prison labor;

4. The defendant against whom a sentence of sentence is pronounced is excessive; and

The victim who is walking on the road is shocked to death.