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(영문) 창원지방법원 진주지원 2017.06.13 2017고단153
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

[criminal history] On November 26, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny in the Jinwon District Court’s Jinwon Branch, and completed the execution of the sentence in the Kinyoung detention house on June 21, 2016.

[Criminal facts] The Defendant is a person who is engaged in driving a C-W flobage vehicle.

On January 23, 2017, the Defendant driven the above cargo vehicle around 09:45, and proceeded along the two-lane road in front of the Jinju Employment Center located in Jinju-si, Jinju-si, according to one-lane from the center at the center at the city square, to the distance of Busan traffic.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the front door 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 got the victim D (the age of 77) who cross the crosswalk from the right side to the left side by his negligence, which is going beyond the ground by taking the victim D (the age of 77) who cross the crosswalk from the right side of the said cargo.

In the end, the Defendant caused the death of the victim by occupational negligence at a university hospital located in libera-dong at around 13:00 on the same day, resulting in the death of the victim due to the blood transfusion in the credit dub.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. On-sites, black booms, and closure photographs;

1. A death certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the attachment of judgment and confirmation of the date of release);

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes - Circumstances unfavorable to: Accidents involving the death of crosswalks, repeated crimes, and degree of suspension of execution - favorable circumstances: The confession of a crime, reflectivity, punishment, purchase of general insurance, and interference;

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