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(영문) 창원지방법원 2019.06.26 2019고단981

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

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

On December 15, 2018, the Defendant driven the above car on December 23:20, 2018, and driven it along the two-lane road, front of the entrance of the C Apartment at Changwon-si, along the two-lanes from the right side of the Western Tri-distance to D.

At the same time, there are many vehicles parked in two lanes as apartment entrance, and in such a case, the driver of the motor vehicle has a duty of care to prevent the accident by driving the motor vehicle safely by checking well the front left, as the driver of the motor vehicle is engaged in driving the motor vehicle.

Nevertheless, the defendant did not discover the victim E (the age of 59) who walked on the right side of the vehicle parked in the two-lane from the running direction by negligence while neglecting this, and received the victim due to the front gate of the said vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence on December 25, 2018 at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on actual condition, each photograph, a investigation report (CCTV image analysis), and a black image;

1. Application of Acts and subordinate statutes to replys as a result of analysis by the Road Traffic Authority, a president's medical certificate, investigation report (medical record copy);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] is the mitigated area (the life of traffic accident) No. 2 (the imprisonment without prison labor for April to one year) - The special prison person: the punishment not for the defendant (the decision of the sentence of punishment) is not less than that for the defendant's neglect of his duty of care in advance, and the occurrence of a serious result of the victim's death due to the instant traffic accident.