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(영문) 창원지방법원 2018.01.16 2017고단3853

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 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 rocketing taxi vehicle.

On August 21, 2017, the Defendant left in the window of Changwon-si, Changwon-si, and continued to drive a four-lane road of the front of the green apartment at about 75km in speed, depending on the three-lane distance from the original site, along with a three-lane distance from the original site.

At the time, the rain and the surface were dissatisfyed and at night, so in such a case, there was a duty of care to reduce the speed and to drive safely by checking well the right and the left and right of the driver.

Nevertheless, the Defendant neglected to do so and did not go on the front side, and did not go on the front side, and the Defendant got the victim C (34 years old) who was seated in a three-lane, and received the victim C (34 years old) from the front side of the car of the Defendant.

Ultimately, the Defendant caused the death of a victim due to the injury of an external wound from the workplace due to such occupational negligence.

Summary of Evidence

Application of each statute to the police's written investigation of the police's statement D on the defendant's legal statement;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

2. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1)1 of the Criminal Act on the grounds that the Defendant was the aged and has no record of criminal punishment since 2001, etc.)