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(영문) 창원지방법원 진주지원 2017.08.23 2017고단302
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 of B.

On February 27, 2017, the Defendant driven the said vehicle without obtaining a driver's license of a motor vehicle from around 10:40 on February 27, 2017, and led to the driving of the said vehicle at the direction of the entrance of the D, Hanam-gun C, at the direction of the public health clinic at risk.

There are one lane in front of the village, and the victim E (86) was crossing the road on the right side of the road at the time, so the person engaged in driving service has a duty of care to safely drive the road and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the victim due to the negligence in progress without securing the front view of the fertilizer in the Pokek.

Ultimately, the Defendant caused the victim to die in the emergency room of a university hospital located in the Gannam-ro 79, Jinnam-si, Jinnam-si, Jinnam-si on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An accident scene photograph;

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

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (only to the extent that punishment is added to the aggravated punishment for concurrent crimes as prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury) with more severe punishment, and the maximum term punishment for the above two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Within the scope of the sentencing guidelines for the reasons of sentencing under Article 62-2 of the Social Service Order Act (for more than four months, mitigation area, majority crime processing) and the Defendant’s failure to perform his/her duty of care in the front and the victim’s death is very significant.

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