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(영문) 창원지방법원 2017.10.18 2017고단2067
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On May 18, 2017, the Defendant, who is engaged in driving of cubs car in D, was driving the above car at around 18:40 on May 18, 201, and proceeded with the intersection of cubs in front of cubs 101 way, as the cubs of Chang-si, Chang-si, Chang-si, Seoul, with the intersection of the cubs cubs car at the cubs of the off-line apartment.

At the same time, a red on-and-off signal is installed. In such cases, when there is a stop line or crosswalk, the driver of the motor vehicle has a duty of care to temporarily stop the vehicle immediately before or after the intersection and to prevent the accident by driving the motor vehicle with due care for other traffic.

In doing so, the Defendant neglected to stop immediately before the intersection and did not stop it on the right side of the victim E (e.g., the victim E (e., 62 years old) driving from the right side of the following direction of the defendant to the left side of the victim E (e.g., the victim) who was driving from the right side of the vehicle to the left side of the defendant, and had the victim go beyond the road.

Ultimately, the Defendant caused the victim to suffer injuries, such as the cage cage cage cages and cage damage, due to the above occupational negligence, and caused the victim’s death to the acute respiratory part caused by the above bodily injury, around May 18, 2017, while receiving treatment from the H hospital located in the Gu G in the Chang-si, Chang-si, Chang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents in depth and reflects his mistake, that the above passenger car driven by the defendant is covered by a comprehensive insurance, that the defendant deposited 15 million won against the victim's surviving family members, and that the defendant was punished by a fine.

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