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(영문) 창원지방법원 마산지원 2019.03.26 2018고단1252

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

At around 5:50 on September 8, 2018, the Defendant driven the said SM5 car, and led to the progress of the road adjacent to the Changwon-si, MU-si, MU-si, to the back of the parking lot from the parking lot to the back of the air protection area, at such a speed that is unknown.

At the time, it was difficult to keep pedestrians from the time of sunrise. At that time, there was a duty of care to accurately operate a steering gear and operation system, and safely drive a motor vehicle with a duty of care to prevent accidents by driving the motor vehicle in advance.

Nevertheless, the Defendant neglected the Defendant’s care and received the victim D (the age of 81) due to the negligence of the latter, even though he neglected the Defendant’s care, and caused the latter part of the said car to go beyond the age of 81.

Ultimately, at around 10:31 on the same day as above, the Defendant caused the death of the victim at the F Hospital located in Changwon-si E in Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

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

1. Legal provisions applicable to the facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and reasons for imposing imprisonment without

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] No person who has a traffic accident [the scope of the recommended and recommended punishment] [the area of recommendation and recommendation], the basic area of the traffic accident [the scope of the recommended punishment], the imprisonment without labor for August to two years [the general person] - the mitigated element: the comprehensive motor vehicle insurance [the grounds for suspension of execution] - Where death or serious injury occurs, the general pride is not good - the comprehensive motor vehicle insurance policy - the comprehensive motor vehicle insurance policy - the general pride's health status is not very good - the case of suspended sentence for more than two occasions, and the damage is recovered.