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(영문) 창원지방법원 밀양지원 2017.10.26 2017고단410
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On July 27, 2017, around 13:35, the Defendant operated the said car, and was in progress to the national highway lamps of 5th national highways from the 5th national road width, which was located in the mountain of the Donsan-gun, in the mountain of the mountain of the Donsan-gun.

Since there is a cross-road with a red flickering, the driver of the motor vehicle has a duty of care to safely proceed with the traffic situation after the temporary suspension prior to the entry into the intersection according to the signals instructed by the driver.

Nevertheless, due to the negligence that did not temporarily stop prior to entry into an intersection, the victim C(74) driving at the intersection from the left-hand side of the course direction, which entered the intersection, was 100 Oral c., the right-hand part of the Defendant, as the front part of the vehicle.

As a result, the defendant caused the victim's death by negligence in the course of business as above through low-blood shocks caused by damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] general traffic accident [the grounds for sentencing under Article 62-2 of the Criminal Act] The sentence shall be determined as ordered within the scope of the recommended sentence according to the sentencing guidelines, taking into account the following factors: (a) the mitigation area (4 to 1 year) [the person who has been specially mitigated] [the decision of sentence] the victim's bereaved family members who have not been punished (including efforts to recover damage]; (b) the fact that there is no past record of previous punishment; and (c) the defendant's age, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.

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