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(영문) 창원지방법원 2018.10.11 2018고단2096
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who drives a vehicle with C investment vehicle.

On June 29, 2018, the Defendant driven the above vehicle around 05:35, and turned to the left the intersection in front of the 2nd office of the Changwon-si, the front of the two North Korean prisoners of war at the new window of the Changwon-si.

At the same time, there was a crosswalk in the direction of left-hand turn as a shooting range intersection where a yellow on-and-off signal is installed.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by temporarily stopping in front of a crosswalk to check the safety of the course by checking well the front left and left well, and continuing the accident.

Nevertheless, the defendant neglected his/her duty to stop temporarily and neglected to do so, and did not discover the victim D(W, 79 years old) who was a road along the crosswalk from the left side of the direction of the proceeding to the right side, and did not see the victim D(W, 79 years old) and did not leave the damaged part to the front part of the left side of the said car, and followed the victim's chest part before the left side and the second wheel part.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the emergency room of the F Hospital in the Changwon-si E in Changwon-si, Changwon-si, 06:42 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. A death certificate;

1. Application of Acts and subordinate statutes to the site and accident vehicle photographs, and motion picture photographs;

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. The grounds for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows: the sentencing conditions indicated in the instant case, such as the age, sex, environment, motive, means and consequence of the commission of the crime, and the following circumstances.

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