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(영문) 창원지방법원 진주지원 2019.07.18 2019고단152
교통사고처리특례법위반(치사)
Text

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

except that 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 B-Wood vehicle.

On December 8, 2018, the Defendant driven the said car at around 17:24, and operated the front road of “D” in “D” at the time of Jinju, from the “scopic distance for telephone station,” to the “scopic frogate.”

In this case, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk to check whether there is a person crossing the crosswalk and safely drive the crosswalk to prevent the accident.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 85) who was crossing the crosswalk from the left side of the defendant's moving direction to the right side, and received the victim as the above passenger car due to the negligence of proceeding.

As above, on December 13, 2018, the Defendant caused the victim to die of cerebral cerebral cerebral cerebral cerebral cerebral dys while receiving medical treatment from a F Hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A death certificate;

1. Application of the traffic accident report, accident-related photographs, booms video CDs, and H CCTV video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The circumstances under which the sentence is determined, and the age, occupation, character and conduct, environment, motive, means and result of the commission of the offence, as well as the age, occupation, character and environment of the accused.

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