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(영문) 창원지방법원 거창지원 2019.03.20 2018고단252
교통사고처리특례법위반(치사)
Text

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

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

The defendant is a person who is engaged in driving a e-cub vehicle B.

On August 23, 2018, the Defendant driven the said car at a speed of about 40km per hour from the mastm to the long-distance distance of about 17:24 meters, driving the said car at a speed of about 40km.

At the time, the road was milched after the passage of rain, and since the road was a part of a village crossing where the passage of people and vehicles is frequent, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents in advance by accurately manipulating the front bank and the right and the right of the motor vehicle, and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so and did not discover the victim D, which was a road to the right side from the left side of the running direction of the Defendant, and continued without finding out the victim D (73 years of age). The victim’s right side jum was set up as the front part of the said car.

Ultimately, at around 04:16 on August 25, 2018, the Defendant caused the death of the victim by means of low blood shock shock at the Gyeongbuk University Hospital located in 130, Jung-gu, Daegu, Jung-gu.

Summary of Evidence

1. Court statements of the accused (written trial records in the first written trial);

1. Statement to E by the police;

1. Each report on actual condition;

1. Records and photographs of traffic accident;

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

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. Article 62 (1) of the Criminal Act;

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

1. Sentencing sentencing criteria [Scope of Recommendation] General traffic accident Type II (Death resulting from Traffic Accidents) (4-1 year) (special mitigation) and no penalty shall be imposed;

2. The Defendant, who was sentenced to a sentence, had shocked the victim due to an irregular driving, and eventually caused a serious result that could not follow the victim’s death.

However, the defendant's mistake.

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