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(영문) 창원지방법원 거창지원 2020.06.03 2020고단33
교통사고처리특례법위반(치사)
Text

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

except that 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 a K5-car.

On November 28, 2019, the Defendant driven the above car at around 17:40 on November 28, 2019, and continued to run the road on the one-lane road in Gohap-gun, Chungcheongnam-gun, Dong-do, in the same way, from the hump of hand-off to the hump of land.

At the time of sunset, it is a road with a speed of 50 km per hour, and the Defendant’s front door was driving by the victim E (the age of 81) under the speed below the speed. In such a case, there was a duty of care to comply with the speed limit and prevent accidents in advance by checking the right and the right and the right of the driver.

Nevertheless, as the Defendant was negligent in neglecting the speed of about 106 km in speed beyond the speed of restriction and neglecting the front city, the Defendant, who was driving a light flag with the rear part of the light flag loaded on the front side of the passenger car in the front of the Defendant’s K5 car, was forced to fall into the right field on the right side of the road.

Ultimately, at around 18:27 on the same day, the Defendant caused the death of the victim due to the injury to the scarcity and heart in the G Hospital located in Macheon-gun F, Macheon-gun, G Hospital without any scarlet open address.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person], the element of mitigation of punishment: In the area of reduction of punishment [the scope of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and April through one year;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

However, the defendant himself.

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