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(영문) 창원지방법원 마산지원 2018.08.28 2018고단535
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in the operation of cross-city buses B.

On February 13, 2018, the Defendant driven a cross-city bus at around 09:50 on February 13, 2018, and proceeded at a speed of about 87 km from the scopical distance to the large village of the city at the speed of about 37 km.

At this point, the speed of restriction is 50 km per hour, and the road bended by rain, so the driver of the motor vehicle has a duty of care to prevent the accident in advance by complying with the speed limit and driving safely by checking well the right and the right of the front.

Nevertheless, the Defendant neglected this and found the victim E (the 81-year old-old-age-of-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-age-and-

Ultimately, at around 15:54 on June 5, 2018, the Defendant caused the victim’s death by occupational negligence from the H hospital located in Changwon-si G in Changwon-si, Changwon-si, thereby causing the death of the victim by the shock of heatod transfusions and pulmonary fladrat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A written diagnosis of death of E;

1. The application of Acts and subordinate statutes of the report on the occurrence of a traffic accident, the report on a traffic accident (1) (2) (2) and the report on an accident, the photographs related to the accident, the editing photographs of black stuffs, and the DGT analysis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. Scope of punishment by sentence under Acts: One month to five years of imprisonment without prison labor;

2. The scope of punishment recommended according to the sentencing criteria: Eight months to two years of imprisonment without prison labor.

(a)types:

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