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(영문) 창원지방법원 진주지원 2020.02.06 2019고단1520

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving of Bchip taxi.

On September 26, 2019, the Defendant driven the above taxi and proceeded along two lanes from D to E apartment from D to Jinju-si by driving the four-lane of the road from Jinju-si.

In this case, the driver has a duty of care to reduce speed and drive safely by checking the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and did not keep the right and the right and the right at a speed, and got the victim F(73 years of age) who was going on a way to the left-hand side of the Defendant’s front side of the said crosswalk from the Defendant’s front side to the left-hand side of the said crosswalk, and got the victim over the ground.

Ultimately, at around 05:38 October 1, 2019, the Defendant caused the death of the victim by occupational negligence, from the H Hospital located in Jinju-si G due to the brupting of the brue, to the brue brusium due to the brupting of the brush.

Summary of Evidence

1. Defendant's legal statement;

1. Responses to a death certificate and a written commission for appraisal;

1. Application of the Acts and subordinate statutes to each traffic accident report, inspection report, photographs at the scene of the accident, boomboxes, and video CDs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. Determination of sentence: The occurrence of the serious result of the death of the victim due to the instant traffic accident; and the Defendant’s occurrence of the instant traffic accident.