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(영문) 창원지방법원 통영지원 2018.10.17 2018고단847
교통사고처리특례법위반(치사)등
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

Punishment of the crime

The defendant is a person who is engaged in the operation of C Eth Motor Vehicles.

On June 3, 2018, the Defendant driven the above vehicle at the three-lane intersection in front of the Japanese bank, which is located in the center of the city of Young-si on June 3, 2018, and proceeded at approximately 30 km each hour from the south Sea, along the three-lane distance from the south Sea.

Since there are lots of traffic of people in front of the central traditional market, and the crosswalk is installed, the driver has a duty of care to safely drive the crosswalk by examining whether there is a pedestrian or not.

Nevertheless, the Defendant neglected this and neglected to drive the vehicle immediately due to the negligence of driving the vehicle at the right side of the direction, and received the victim D(59 years old) and E(59 years old) from the left side of the central market to the left side of the crosswalk and received the victim E(59 years old) from the front part of the above vehicle.

As a result, the Defendant suffered losses, grandchildren, and other parts of the above victim E, which require two weeks of medical treatment due to such occupational negligence, and at the same time caused the death of the victim due to an external cerebrovassis at Busan National University Hospital located in 179, Seo-gu, Seo-gu, Busan National University Hospital on June 6, 2018, where the above victim D was under transmission treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, an on-site map of a traffic accident, and an investigation report on actual condition of a traffic accident;

1. Photographss of the scene of the accident and caps of the accident video;

1. Application of Acts and subordinate statutes to medical certificates and death certificates;

1. Article 3 (1) and the proviso to Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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

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

1. The scope of applicable sentences under law: one month to one month of imprisonment without prison labor.

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