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(영문) 창원지방법원 진주지원 2020.04.08 2020고단243
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2020, at around 07:00, the Defendant driven a B Cost Star Sheet and proceeded with the three-lane roads in front of D's distance in Jinju City, along the two-lanes from E to the Corporation, from E-mail to the Corporation.

At the time, the night and the storm of the rain was in the night, and therefore, there was a duty of care to reduce the speed and to safely drive it by examining it well.

Nevertheless, the defendant is negligent in driving a motor vehicle with a driver's negligence while neglecting this and driving a motor vehicle with a driver's negligence.

The victim F (n, 52 years old), which was used on the road due to the collision with the preceding vehicle, was rapidly discovered to avoid this, and operated to avoid this, but did not avoid it, and the victim's body qui with the front qui of the driver's qui.

At around 09:15 on the same day, the Defendant caused the death of the victim due to the injury to scarcity in the emergency room of the Gan University Hospital located in Jinju-si 79, Jinju-si, Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Each statement of H;

1. The actual condition survey report and each photograph;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations according to the sentencing guidelines: General traffic accidents (type 2) from April to one year shall be subject to special mitigation (victims' negligence and no penalty shall be imposed);

2. At night, the victim of the sentencing decision had conflict with the preceding vehicle and was used on the road;

The defendant has no criminal punishment, and is recognized as a crime, and the vehicle is covered by the comprehensive motor vehicle insurance, and his/her bereaved family does not want to be punished against the defendant under the agreement with the bereaved family.

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