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(영문) 창원지방법원 진주지원 2018.03.20 2017고단1194

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

On October 23, 2017, the Defendant was engaged in driving of C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

In this case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by checking whether the driver of the motor vehicle was a person who was on the front side and the right side and the right side of the motor vehicle.

Nevertheless, the Defendant neglected to do so and found the victim E (the 77 years old) who walked on the crosswalk at the front of the Defendant’s bank late, and received the victim from the front of the front of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the emergency room of the ordinary university hospital on the same day at around 18:31 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, on-site photographs of the accident, and on-site survey reports;

1. A medical certificate;

1. Application of the statutes on traffic accident analysis;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the victim: The victim's death due to his/her violation of the duty to protect pedestrians at crosswalks - Circumstances favorable to him/her: Penalty not, confession of the crime, reflectivity, and subscription to the comprehensive motor vehicle insurance;