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(영문) 창원지방법원 2019.08.14 2019고단1010

교통사고처리특례법위반(치사)

Text

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

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 a B-to-car.

On February 9, 2019, the Defendant driven the above car at around 13:03, and got straight along the intersection of the North 119 Safety Center, which is located in the Kim Jong-si, Kim Jong-si, and the king Gyeong-si, which is located in the Kim Jong-si.

Since there is a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely to a person engaged in driving a motor vehicle in accordance with the signals.

Nevertheless, the defendant neglected this and got the victim E (the age of 62) who was driving D Otoba in accordance with the new code from the right side of the defendant's running direction to the left side of the road due to the negligence of driving D to the stop signal.

Ultimately, around 06:42 on February 15, 2019, the Defendant caused the victim's death by occupational negligence in Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Busan, to cause the victim's death by cerebral cerebr

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, a report on the scene of the accident, and a photograph by capturing a black box;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] of the Order to Attend a lecture and the Order of Community Service Order: (a) The area of mitigation of the general traffic accident category 2 (Crime 4 to 1 year) (the death of traffic accidents), - The special prison: The sentence shall be determined as ordered by taking full account of various sentencing conditions, such as the Defendant’s age, character and conduct, family relation, the contents and circumstances of the instant crime, and circumstances after the crime, etc., as follows:

Circumstances that are disadvantageous: The defendant's negligence is very likely to pass through the intersection in violation of stop signals.