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(영문) 창원지방법원 진주지원 2019.08.13 2019고단179
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

around 22:20 on October 12, 2018, the Defendant driven the said car and proceeded with D's front road in Scheon-si C at a speed of about 50 to 60km per hour from the E elementary school room to the F's slope.

At the time, a crosswalk was installed at night and at the front door, so in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected this and proceeded without reducing speed by neglecting it, and did not discover the victim G (Woo, 36 years old) who cross the front crosswalk from the right side to the left side of the front road, and received the victim as a part of the front part of the said car's right part.

Ultimately, the Defendant caused the death of the victim by occupational negligence at Busan University Hospital located in 179, Seo-gu, Seo-gu, Seo-gu, Busan, which was under medical treatment at around 10:14 on October 25, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a death diagnosis document;

1. On-site photographs, CCTVs, and black stuff images, photographs, black stuffs video CDs;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (in addition to field photographs);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 2] there is no person causing a traffic accident [the area of recommendation and the scope of recommendation] [the scope of recommendation], the basic area of the punishment, and August through two years without labor;

2. Records and records below the sentence, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.

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