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(영문) 창원지방법원 진주지원 2018.09.05 2018고단718
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a car with B Kamanari-do.

On March 12, 2018, the defendant operated the above car at around 09:10, and proceeded at a speed of about 78.8 km in speed of 78.8 km, depending on the two-lanes of speed from the Jinju-si surface to the Jinju-si surface.

There are two-lanes of two lanes, and the victim E(81) has a warning in the front section, so in such a case, there was a duty of care to prevent accidents due to the fact that the driver is well aware of the situation of the front section and to ensure safety distance, etc.

Nevertheless, the Defendant neglected to do so and neglected to neglect it, and instead did not discover the above cater which was in operation in the front direction of the Defendant’s proceeding, and instead, took the front part of the knife car into the front part of the knife car, and caused the victim to be removed from the knife to the road.

Ultimately, the Defendant caused the death of the victim in an emergency room at a university hospital in Jinnam-ro 79, Jinju-si, Jinju-si, 10:32 on the same day due to the foregoing occupational negligence by the following: (a) the victim caused the death of the victim due to the symptoms of scarcity damage caused by traffic accidents; and (b) the

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Bluice stuffs images;

1. Application of the statutes on traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations for the application of the sentencing criteria: Persons who are subject to special sentencing from April to one year (the area of mitigation): No penalty shall be imposed;

2. Although the Defendant did not have any particular traffic obstacle, the Defendant’s decision on the sentence resulting in the death of the victim by taking the horse cather in progress prior to driving due to negligence and result is very high.

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