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(영문) 창원지방법원 2020.06.19 2020고단1057
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 of B 2 cargo vehicles.

On December 13, 2019, the Defendant driven the above cargo vehicle on December 18:50, 2019, and had the celebroid-type, e.g., the celebloid, located in the Jeju-si, Kimhae-si, which was non-protective to the green signal, from the e.g., the e., the

At all times, there are cross-sections where signal lights are installed and non-protection line signs, so in such cases, there was a duty of care to prevent accidents in advance by checking whether there is a vehicle that is directly connected to the driver of the vehicle on the opposite road and safely preventing the accident.

Nevertheless, the defendant neglected this and received the front part of the motor bicycle in the victim C(38 years old) driving of the victim C(48 years old) who was proceeding in accordance with the new subparagraph from the right side of the road at the right side of the road at the time of the close left by negligence.

Ultimately, at around 03:45 on March 2, 2020, the Defendant caused the death of the victim at the E hospital located in Kimhae-si due to the pulmonary shock.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a 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 selection of

1. According to the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Sentencing Criteria

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 accidents [Type 2] - Death of traffic accidents (special person for special appearance] - Mitigation elements: Recovery of damage resulting from uncomponed punishment.

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