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(영문) 창원지방법원 2017.08.24 2017고단2217
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D-1 ton truck.

On May 12, 2017, the defendant, around 02:20 on May 12, 2017, followed by two lanes in the direction of the Gu office in the direction of the Gu office, along the three-lanes near the 386 Mau-ro, the Gu office of Changwon-si, the 386 Mau-ro, the one complex.

At the time of night, there was a duty of care to prevent accidents by checking the right and the right and the right of the person engaged in driving of a motor vehicle well.

Nevertheless, the Defendant neglected this and neglected the victim E (53) who was on the two-lanes of the proceeding direction by negligence while neglecting it, and received the victim E (53) from the front, front, and front glass of the said cargo vehicle.

In the end, the Defendant caused the death of the victim from the same day to the acute respiratory part in the same place at the end of 02:30 on the same day due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes of each photograph (No. 6,9,16,29) (Evidence List No. 6,9,16,29);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. According to the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions as set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., of the following circumstances, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court sentencing guidelines (the range of recommended sentences for general traffic accident Type 2 (the type of traffic accident type : 4 months - one year) shall be set as the sentence as set forth in the instant order, in consideration of all the circumstances.

The favorable circumstances: The fact that the defendant did not have any particular criminal record, and the defendant made a confession and repent of the error in depth, the vehicle involved in the accident is covered by the comprehensive automobile insurance, and the victim's bereaved family members and the victim's family members have agreed smoothly.

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