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(영문) 창원지방법원 마산지원 2017.12.13 2017고단1108

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence 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 engaged in driving a vehicle of QM3.

On July 29, 2017, the Defendant driven the said car at around 08:00, while driving the said car at around the top of the “E” store located in D at the time of Jinju, the Defendant was going to proceed by moving from the center to the center of the square.

At that time, the passage of ordinary pedestrians is frequent, and the defendant was followed by the victim F (V, 65 years old) who walk ahead of the same direction, and therefore, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering gear and operation of the steering gear.

Nevertheless, the defendant neglected this and tried to find the victim and take a sudden action. However, the part of the passenger car driven by the defendant due to the negligence of undergoing a speed pedal instead of the brake, which led the victim to shocking the part of the victim, etc., so that the victim was under the influence of the defendant's car.

Ultimately, the Defendant by occupational negligence caused the death of a victim from an external wound in an emergency room of the Gannam-ro University Hospital located in 79, Jinnam-ro, Jinnam-si, where he was under the treatment of transmission after around 13:15 on July 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

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 (Confession and agreement) of the suspended sentence;

1. The sentencing criteria [the range of recommended sentences] the range of general traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (two months to one year) (including special mitigation persons) and the scope of punishment is not subject to punishment (including serious efforts to recover damage);

2. The age, sex, family relationship, and family relationship of the defendant in the following circumstances: