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(영문) 창원지방법원 진주지원 2018.11.23 2018고단1269
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On August 7, 2018, the Defendant operated the said car at the front of D in Sacheon-si, Sacheon-si, and continued to run the car at the 3rd side of Samcheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-do.

At that time, there are 60 km points at the speed of restriction, and the crosswalk was installed on the front door, so in such a case, there was a duty of care to prevent accidents due to the driver's duty of care by complying with the speed limit to those who are engaged in driving of the motor vehicle, and by accurately manipulating the steering and operation of the steering gear, and by accurately operating the steering and operating the steering gear.

Nevertheless, the Defendant neglected to do so and went beyond 27 km/h of speed by negligence, which led to the Defendant’s progress, and at the same time, received the victim E (e.g., 68 years old) crossing the crosswalk from the right side to the left side of the road, from the above A half-way driver’s top of the A half-way driver’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in G hospital located in Sacheon-si F, where the victim was under the treatment for transmission after around 19:45 of the same day, due to open brain dynasty and brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss of the scene of the accident and photographs of the damaged vehicle;

1. A dead body photograph;

1. Bluice stuffs images;

1. A death certificate;

1. An investigation report (with respect to the speed of restrictions on roads involved in accidents);

1. Application of Acts and subordinate statutes to 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 reasons for sentencing under Article 268 of the Criminal Act;

1. Recommendations for the application of the sentencing criteria: In cases where the illegality is serious, the penalty surcharge shall not be imposed; and

2. The time and scene of the instant accident, which was determined by the sentence, is a day-time and straight-line road, and there was no particular obstacle to view. The Defendant’s speed exceeds the speed of 27 km per hour.

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