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(영문) 창원지방법원 2019.01.10 2018고단3004
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a car in a SP area B.

On August 5, 2018, the Defendant, at Changwon-si, Changwon-si, Sungwon-si, had three-laned roads in front of Sungwon-si, Sungwon-si, Sungwon-si, along two-lanes from the shooting distance of Changwon-si, to the C apartment.

At the time, it is night, and there is a pedestrian crossing in the vicinity, so the driver of the vehicle has a duty of care to safely drive the driver of the vehicle by accurately manipulating the front line and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the defendant neglected to do so and proceeded on the road by his negligence, and did not find out the victim D (n, 81 years old) who was pushed ahead of the road to the left side of the defendant's driving direction, and used it on the road by being driven by the driver of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim in his job by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to on-site photographs and closure outputs of dynamic images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, various circumstances, including the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (the area of mitigation of ordinary traffic accident type 2 (the area of mitigation of traffic accident type : 4 months - 1 year) shall be determined as the same as the order, taking into consideration

A favorable condition: The defendant is subject to criminal punishment.

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