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(영문) 창원지방법원 진주지원 2016.12.14 2016고단943

교통사고처리특례법위반(치사)

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

except that 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 CAR car.

On September 14, 2016, the Defendant driven the above car on September 21, 2016, and led to a road of about 60km in speed in front of the Nam-dong, west-gun, Namnam-do, Namnam-do. The Defendant driven the above car at a speed of about 20km in speed from the west-do bank to the west-do bank.

Since a crosswalk is installed on the front side, in such cases, there was a duty of care to safely drive the brakes, steering gear, and other devices by checking whether a person engaged in driving service is a person who gets a walk by reducing speed and by properly checking the front, rear, and right and right of the road.

Nevertheless, the Defendant neglected to do so and neglected to view the above car-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-on-hand-on-hand-on-hand-on-on-hand-on-hand-on-hand-

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, on-site map, and a report on actual condition investigation;

1. A written result of autopsy and postmortem examination;

1. Application of on-site photographs and Acts and subordinate statutes on change of history;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in 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 in the suspension of execution is that the defendant caused the serious result of the death of a victim by negligence during driving, and thus, the liability for the crime is not less than the sentence. However, considering the circumstances favorable to the defendant, such as the defendant's violation of his/her own crime, the agreement is reached with the victim, the defendant has no same criminal records, and there is no criminal history other than the fine, the defendant has no other criminal records, and the records and arguments of this case.