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(영문) 창원지방법원 진주지원 2020.04.08 2020고단259
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

On December 18, 2019, the Defendant driven a BM5 car on December 16:15, 2019, and proceeded along two-lanes from the malicious side to the sub-east side of the Haak-dong, Chungcheongnam-do.

Since there is a center line of yellow solid lines, there was a duty of care to safely drive the tea with a duty of care by properly operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so and did not properly operate the steering direction and operation system, and went through a straight line with the center of the center and proceeded with the opposite line. By negligence, the front part of the E-learning Motor Vehicle driven by the victim D (ma, 8 years old) who proceeded along the opposite line one lane was driven by the Defendant’s passenger vehicle.

At around 22:55 on December 18, 2019, the Defendant caused the death of the victim due to scarcity damage at the Gannam University Hospital located in 79, Jinju-si, Jinju-si, Jinnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on the occurrence of a traffic accident, each photograph, and each report on a 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 on orders to provide community service and attend lectures;

1. Scope of recommendations according to the sentencing guidelines: The area in which the death of a traffic accident is mitigated (type 2) by April to one year of imprisonment without prison labor;

2. Influent the central line of the sentence determination and caused the accident, resulting in the death of the victim.

However, it is recognized that crimes are committed, and the damaged vehicle is covered by the comprehensive motor vehicle insurance, and the bereaved family does not want the punishment of the defendant in consultation with the bereaved family.

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