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(영문) 창원지방법원 2018.04.05 2017고단4321
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 engaging in driving a rocketing taxi.

On November 2, 2017, the Defendant driving the above taxi around 06:10, and driving the two lanes in front of the active third-party church in Kim Jong-si, Kim Jong-si, along the two-lanes of the two-lane roads in front of the active third-party church in Kim Jong-si, the Defendant proceeded along the two-lanes from the shooting distance room of the elementary school to the front apartment.

At the time, the victim D (the age of 85) was placed on the front side of the defendant, and the head of the Si/Gun/Gu was able to take the front side and the front side road condition, so the driver of the vehicle had a duty of care to prevent the accident by closely considering the road condition on the front side and the right side.

Nevertheless, the defendant neglected this and did not discover the victim in advance and proceeded with it, and the victim was shocked with the part of the defendant's taxi in front of the taxi.

Ultimately, around November 18:21, 2017, the Defendant caused the victim by occupational negligence to die with pressure from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala, which was being treated by the Busan National University Hospital located in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. A death certificate;

1. Application of the Acts and subordinate statutes to photograph the scene of an accident, CCTV images, and photographic images to cover booms images;

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, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., of the following circumstances, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing guidelines (the range of the recommended sentence according to the sentencing guidelines for general traffic accidents (the type 2 (the type of traffic accidents: 4 months - one year) shall be set as the order.

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