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(영문) 창원지방법원 2021.03.25 2020고단3983
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 duties of K5 cars.

On September 8, 2020, the Defendant driven the above car at around 16:30 on September 16, 2020, and made a turn to the left at the right-hand side of the Sungsan-si, Hosan-si, Howon-si, Howon-si, Howon-si, a flow to turn to the right-hand turn.

Since there is an intersection where a signal apparatus has been installed, there was an obligation to pay attention to a person engaged in driving the motor vehicle due care to prevent accidents by safely driving the motor vehicle in accordance with the signals and the right and the right and the right of the driver.

Nevertheless, the Defendant received the front section of the victim C(49)'s DoM-W Oral on the opposite line due to the negligence of left-hand turn while the signal apparatus at the front is straight-hand, and received the front section of the victim C(49)'s DoM-W Oral on the right-hand side of the above K5 line.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the F Hospital located in the counter E of Changwon-si, Changwon-si around 07:07 on September 10, 2020.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement of traffic accidents, photographs, signal cycle signs, 112 report processing records, death certificate, death certificate, death certificate reporting on autopsy, and investigation report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act provides that the bereaved family members shall be agreed upon with the victim

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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