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(영문) 창원지방법원 2020.09.18 2020고단1760
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On September 1, 2019, the Defendant driven the said car on September 1, 2019, and led to the driving of the said car in the direction of the Djin Sea Factory in the Jinhae-gu, Changwon-si, to drive a two-lane gate in the direction of the front of the D Jin Sea Factory in the Jinhae-gu, Changwon-si.

At the same time, the speed of restriction is 60 km per hour by the road bended by the direction, and at the same time, the night is not good. In such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should observe the speed well, accurately operate the steering direction, brakes and other devices of the motor vehicle, and safely drive the motor vehicle according to its traffic condition.

Nevertheless, the Defendant neglected this and proceeded with a bend road at a speed of about 149 km by speed, and the body of the vehicle turned back to the right direction, and the signal light installed on India was shocked into the front part of the vehicle driving seat.

Ultimately, at around September 5, 2019, the Defendant caused the death of the victim E (the 20-year-old age), who was on the top of the operation of the said car by occupational negligence, from the Busan National University Hospital to the “defluent brain damage below low oxygen” at the Busan National University Hospital around September 09:10.

Summary of Evidence

1. Investigation report on the actual state of the defendant's legal statement, report on the EDR analysis, and reply to the request for traffic accident analysis;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic accidents [the second category] and the factors of mitigation of traffic accidents [the person who has a special appearance]: the factors of aggravation of punishment (including serious efforts to recover damage): the case where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious or the case of climatic driving (the scope of recommendation) is the basic area;

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