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(영문) 창원지방법원 통영지원 2017.07.19 2017고단691
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 BM (SM) 7 car.

On November 5, 2016, the Defendant driven the above car at a speed of about 102 km in the speed of 102 km from the high side of the road to the front side of the D-do located in Tong Young-si, through a two-lane road at a speed of about 18:45.

At the time of night, it was difficult to view the night, and there was a point at a speed of 80km per hour, so in such a case, there was a duty of care to prevent traffic accidents by driving a person engaged in driving a motor vehicle in compliance with the speed limit and driving the motor vehicle well.

Nevertheless, the Defendant neglected this and did not discover the victim E (62) who dried the road to the left side from the right side of the direction of the Defendant’s course due to the occupational negligence, which proceeded with the speed exceeding 22 km per hour, and received the victim from the front part of the Defendant’s car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by damaging the diversity of major organs, such as two parts in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, drug map at the scene of an accident, and a report on the actual status of a traffic accident;

1. Photographss of the scene of the accident, photographs of the changeer, pictures of the SM7 Stacks, photographs of the reporter's booms, photographs of the reporter's booms, and CCTV photographs of the vehicles for use;

1. A death certificate, autopsy report, legal and chemical appraisal report, gene appraisal report, traffic accident analysis and appraisal report, and autopsy appraisal report;

1. Application of Acts and subordinate statutes for report on internal affairs (the analysis, etc. of black stuffs);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. One month to five years from imprisonment without prison labor, the range of applicable sentences in law; and

2. The scope of punishment recommended according to the sentencing criteria; and

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