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(영문) 창원지방법원 통영지원 2019.06.12 2019고단155
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

At around 07:10 on January 17, 2019, the Defendant, who is engaged in driving of B-learning automobiles, was driving the said automobiles, and was driving the said automobiles along the intersection in front of the D Campping site in Gyeongnam-gun C from Sacheon City to Sacheon-Eup.

The Defendant neglected to stop on the red signal displayed by the signal apparatus installed at the above intersection and did not stop on the front signal at the speed of 80km a speed exceeding that of the speed of 116km a speed exceeding that of the speed of 116km a speed exceeding that of the above intersection, and caused the victim E (n.e., the 75 years old) on the right side of the above crosswalk where the above crosswalk was dried on the right side of the road at the right side of the direction of the traffic, and caused the above crosswalk to go beyond the victim due to the shock.

As a result, the Defendant caused the death of the victim from a low blood shock shock from G Hospital located in the G Hospital F in the Jin-nam High-gun F around 07:39 on January 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report on the actual traffic accident and the EDR analysis report;

1. The original CD of an accident natural festival image;

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

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] death [Special Aggravation] - Reduction element: Reduction element: In cases where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the area of recommendation and the scope of recommendation], basic area of the imprisonment without prison labor for August to two years;

3. Determination of sentence: One year of imprisonment without prison labor, and two years of suspended execution (40 hours in courses of quasi-driving) shall be the defendant who has violated speed and signal while driving his/her motor vehicle.

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