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(영문) 창원지방법원통영지원 2020.10.27 2020고단828
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 Grand Car.

On March 16, 2020, the Defendant driven the above car at 05:43 on March 16, 2020, and driven the front road D, which is located in Tong Young-si, through the Docheon-dong bank, along the Docheon-do bank.

At the time, there was a situation where the driver of the motor vehicle was in the vicinity with a new wall, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right of the motor vehicle, and driving safely

Nevertheless, the defendant neglected this and did not discover the victim E (n, 81 years old) who was a road from the right side of the defendant's course to the left side and used the body of the victim in front of the defendant's vehicle on the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which was caused by the heart of the cage cage at the same place.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, written statement, written autopsy, and traffic accident actual investigation report;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. Determination of sentence: One year of imprisonment without prison labor and two years of suspended execution.

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