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(영문) 창원지방법원 2017.11.23 2017고단3587
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

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On July 29, 2017, the Defendant driving the said car around 02:04, and driving the said car, and driving the three-lane of the “D Fixed-type Department D” located in Kimhae-si, Kimhae-si, the Defendant was straighted by the following two-lanes from the private-distance slope to the private university.

At the time, the speed of restriction is 60 km per hour, and at the night, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle by complying with the lane and the speed limit and driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected the speed exceeding 34 km per hour, and received the front side of the victim E (30 years) who illegally crossed the road from the right-hand side of the running direction of the motor vehicle of the defendant, to the left-hand side of the road.

Ultimately, the Defendant caused the death of the victim from a G hospital located in Kimhae-si F at around 03:06 on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An analysis of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to accident scene and photographs of changeers;

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. According to the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), various circumstances, such as the age, sex, environment, motive, means and consequence of the crime, etc. as set forth in the instant case, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee [the range of the recommended sentence [the range of the types of general traffic accidents (the type of traffic accidents) mitigated (the class 2 (the type of traffic accidents): 4 months - 1 year].

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