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(영문) 창원지방법원 2019.07.11 2019고단876

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 who is engaged in driving vehicles B.

On February 13, 2019, the Defendant driven the above vehicle at around 14:30 on February 13, 2019, and made the front of the Jin-gu C left-hand turn from the direction of natural village to the right-hand turn.

At the same time, in such cases, the driver of the motor vehicle had a duty of care to prevent accidents by safely driving the steering system by checking the traffic situation and the post and the direction of the road and by accurately operating the steering system.

Nevertheless, the Defendant neglected to do so and did not discover the victim D(57 years of age) who was seated on the left side of the front direction of the course by negligence of neglecting the duty at the front direction, and did not find out the victim D(57 years of age) who was seated on the left side of the front direction of the course, and had the victim go beyond the floor on the front side of the vehicle due to the shock.

Ultimately, at around 09:00 on February 14, 2019, the Defendant caused the victim to die by a low-tension shock show caused by the depression and liver heat at the Changwon University Hospital, which was located in 11, a person in Changwon-si, Changwon-si, Changwon-si, Changwon-si, Seoul, by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to photographs of black stuffs, field photographs, and motion picture photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, character and conduct, environment, and circumstances revealed in the trial and records shall be determined as ordered by considering the following circumstances.

A disadvantageous condition: A normal condition in which the defendant's driver's negligence led to death, which is favorable to the victim.