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(영문) 창원지방법원 통영지원 2018.05.02 2018고단226

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a sports cargo vehicle even in C.

On January 5, 2018, the Defendant driven the above cargo vehicle around 16:18, and went into the high-Eup Myeon in the front of the entrance of the father village located in the upper ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do along the two-lanes. The Defendant had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes to prevent accidents.

Nevertheless, the Defendant neglected to do so, and caused the damaged person to go beyond the road by taking the body part of the victim D (W, 85 years old) who crosses the road to the right side from the left side of the time due to the occupational negligence that neglected to do so and proceeded as it is.

As a result, the Defendant suffered from the victim’s cage of a cage cageus from the foregoing occupational negligence, and caused the victim’s death by the color cages caused by the above injury at the Gyeongnam University Hospital located in Jinnam-ro 79 around January 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition at the scene of the accident, and an on-site photograph;

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

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 the selection of imprisonment without prison labor;

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

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Where the victim was negligent in causing traffic accidents or expanding damage, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the range of ordinary traffic accidents (the scope of the recommended punishment], and the area of special mitigation (the period from February to one year) (the period from February to one year) shall be limited to the victim;

3. Sentence;