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(영문) 창원지방법원 2017.01.13 2016고단3375

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a C Poter cargo vehicle.

On June 14, 2016, around 04:00, the Defendant driven the front road of “E” located in “E” located in “E” located in “E” in “E” in “E” in the Chang Sea-gu, Changwon-si, and proceeded along the two-lanes of the two-lanes of the Gu office in the Jinhae Sea-gu.

On June 14, 2016, a crosswalk was installed at a front door, so in such a case, a person engaged in driving duties could easily examine whether there is a pedestrian crossing and the right and the right and the right of the pedestrian in order to safely drive the crosswalk, and even though he/she had a duty of care to safely drive the crosswalk, he/she neglected to stop the above crosswalk at the time of his/her occupational negligence and failed to find the victim F (F, 54 years old) who is faced with the said cargo in the workplace under the influence of driving by neglecting his/her duty to safely drive the crosswalk, thereby leading the victim of the said cargo vehicle to drive the said cargo vehicle without finding the victim F (F, 54 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A traffic accident report, traffic accident report, vehicle photograph, and on-site photograph;

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where there is a substantial negligence on the occurrence of a traffic accident or expansion of damage to the victim, even though the victim has reduced area (from April to one year) of the Class II (Death or Injury caused by a traffic accident) of the general traffic accident according to the sentencing guidelines;

2. Where the victim is dead due to a traffic accident in this case caused by negligence of the accused in the course of performing his duties, the sentence may not be restored;