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(영문) 창원지방법원 2019.10.30 2019고단1846
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving B cruisym (Cruisym) 300cc, as a person who is engaged in driving.

On February 14:21, 2019, the Defendant driven the above off-to-land area, and led the two-lanes of the D-do two lanes in the window C of Changwon-si, Changwon-si, to go straight by 78.1 kilometer a speed from the e apartment room to the F cafeteria.

At this point, there is a place where the speed limit is 50 kilometers per hour in front of the school, so in such a case, the driver of the vehicle has a duty of care to prevent the accident by complying with the speed limit and driving, etc. of the driver of the vehicle by accurately operating the brake system.

Nevertheless, the suspect neglected to do so and neglected to do so and neglected to do so, and neglected to do so, and caused the victim G (the age of 67) who illegally crossed the above road to the right side on the left side of the running direction of the defendant.

Ultimately, at around 15:09 on February 25, 2019, the Defendant caused the victim’s death by negligence in the above occupational negligence, resulting in damage to the pleasia in the I Hospital located in Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

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. Article 62 (1) of the Criminal Act;

1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Unfavorable circumstances: A continuous driving, death, and the defendant have a record of being punished several times due to traffic-related crimes, and the sentence date is unauthorized.

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