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(영문) 창원지방법원 통영지원 2016.11.03 2016고단1087

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ecoo vehicle.

On May 25, 2016, the Defendant driven the said car at around 11:30 on May 25, 2016, and tried to pass the intersection along the 3-lane intersection in the vicinity of the Seoyang-ri, Yangyang-ri, Yangyang-ri, U.S., Seo-ri, the East At the same time, along the string distance from the east of the East Elementary School, and found the F.M. driving of the victim E (Nam, 68 years old) who was going toward the said intersection from the farming road connected to the said intersection to the said intersection.

In such cases, there was a duty of care to prevent accidents, such as passing through the intersection, after checking whether the upper part of the road enters the above intersection as well as the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the death of the victim due to serious brain damage, etc. in the middle of the He Hospital located in G in G at the time of 17:04 on the same day, by shocking the front part of the left part of the Orsab, which entered the above intersection to make a left-hand turn on the above side by negligence in the course of business entering the above intersection as it is, so as to make a left-hand turn on the above side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Reports on the occurrence of traffic accidents, reports on actual condition investigation, and photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes of written request for traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Sentencing (Scope of Recommendation) and Type II (Death and Injury resulting from Traffic Accidents) and the basic area (eight to two years) of the traffic accident;

2. The defendant's specific reasons for sentencing did not agree with the victim that the vehicle is covered by a comprehensive insurance because the defendant reflects his or her mistake and repents.