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(영문) 창원지방법원 거창지원 2018.05.16 2018고단34
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 drives this Costa or a combination of passengers.

On November 4, 2017, the Defendant driven the above van on the 16:53 on the 16th day of November 4, 2017, and proceeded one way in front of the Green apartment in the Dong-dong, Chang-gu, Chang-gu, Chang-gu, Chang-gu, Chang-dong, with the speed from the Chang-dong to the central intersection.

In this case, the driver of a motor vehicle has a duty of care to reduce the speed of the motor vehicle, to live well on the front side and the left side, and to operate safely by accurately manipulating the steering and brakes.

Nevertheless, the defendant's negligence of neglecting this, which led to a conflict between the victim D (90) who d'(90) driving a bicycle driving on the left-hand side of the running direction of the defendant, with the left-hand part of the bicycle's body in front of the left-hand side of the above passenger car.

Ultimately, the Defendant caused the death of the victim by the verteba, etc. at the F Hospital located in Gyeongnam-gun E around November 6, 2017, around 07:30 on the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reports on the occurrence of a traffic accident and reports on each traffic accident;

1. Inquiries into death certificates and residents;

1. Application of Acts and subordinate statutes to body photographs and field records of traffic accidents;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (The circumstances favorable to the defendant, such as the fact that the defendant is the first offender, the bereaved family members of the victim has compensated for civil damage, the recovery of damage remains, and the defendant has no duty of care corresponding to gross negligence in addition to the violation of the duty of care in the front line, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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