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(영문) 창원지방법원 진주지원 2019.08.22 2019고단607
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 BP car.

On April 25, 2019, the Defendant driven the said car on April 25, 2019, and continued the front road of the “D cafeteria” in Sacheon-si C from the private viewing room to the Samcheon-si Port.

At the time, there was a night and non-working, and in such a case, there was a duty of care to prevent accidents by accurately operating the steering gear and operating the steering system and operating system for the driver of the motor vehicle.

Nevertheless, the defendant neglected this and found the victim E (the age of 86) crossing the road to the right side from the left side of the running direction of the defendant, and received the victim for the above car due to the negligence that did not operate the brake system at the time.

On April 25, 2019, the Defendant caused the victim to die due to brain damage caused by two joints of steel, while receiving medical treatment at a F Hospital on April 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. Six copies, nine on-site photographs, and six copies, such as a vehicle photograph;

1. Application of Acts and subordinate statutes to traffic accident reports (on-site survey reports), investigation reports (CCTV analysis), investigation reports (on-site analysis of vehicles) and investigation reports (on-site 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. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 2] there is no person causing a traffic accident [the area of recommendation and the scope of recommendation] [the scope of recommendation], the basic area of the punishment, and August through two years without labor;

2. The instant accident involving the determination of sentence is a traffic accident or the part where the victim was dried up while the victim dried up the road, and the victim of the on-site CCTV is also in the vicinity of the crosswalk, and it is confirmed that the road is dried up after examining whether the motor vehicle is coming.

In addition, this case.

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