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(영문) 창원지방법원 2017.06.28 2017고단1389
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 18, 2017, the Defendant: (a) was a person engaged in driving of an individual taxi, and (b) was driving in front of the accelerator oil station in the Gu, Changwon-si, Changwon-si on February 18, 2017 through three-lanes of three-lanes on the surface of the Jinhae Police Station.

At the time, since the crosswalk was installed at night and at the front door, the driver had a duty of care to check whether there is a pedestrian who is walking on the front door and the right and the right well.

Nevertheless, the defendant neglected this and tried to use it on the road by shocking the victim D (64) who dried up a crosswalk in violation of pedestrian signal on the right side of the driving direction of the motor vehicle that the defendant is driving by negligence.

Ultimately, the Defendant caused the victim’s pulmonary damage due to the foregoing occupational negligence, and caused the death of the victim from the acute pulmonary injury during the course of transmission treatment at the F Hospital located in the Gu E, due to the Changwon from around 00:55 on February 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a death certificate;

1. Application of Acts and subordinate statutes on screen pictures, such as vehicles and on-site photographs, which screen pictures 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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] The scope of general traffic accidents in Article 62(1) of the Criminal Act [the scope of recommending punishment] and the mitigation area (4 to 1 year), [the person with special mitigation] punishment not (including efforts to recover from damage] [the decision of sentence] Defendant has three times of punishment due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

However, the defendant was punished by a fine of one million won in 2005, and there was no criminal punishment for the last 20 years, and the victim agreed with the bereaved family of the victim, and the victim was standing on the crosswalk in violation of pedestrian signal.

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