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(영문) 창원지방법원 2017.07.19 2017고단1946
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On March 27, 2017, the Defendant was a person engaging in driving DN vehicle, driving the above vehicle around 16:40 on March 27, 2017, and driving it at the front distance of FJ E in Kimhae-si, and driving it at a speed of about 66 km per hour in the direction of the forest elementary school in the direction of the Chinese speed.

Since there was a cross-section with signal lights in the front, the driver had a duty of care to reduce the speed, to live well before and after the front, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected to do so and was driving by a victim G (6) (66) who was in the direction of the left-hand village in the direction of the right-hand fright-hand fright-hand fright-hand fright-hand fright-hand fright-hand fright-hand.

H 125cc Orala was received as the above vehicle and had it go beyond the floor.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the J Hospital, which was under the direct treatment of the victim after around 06:05 on April 5, 2017, and caused the death of the victim due to cerebral cerebral cerebral typhism at the J Hospital, which was under the direct treatment of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a death certificate (G);

1. Application of Acts and subordinate statutes governing accident scene 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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] In the area of special mitigation (two months to one year) [the victim] where there is considerable fault in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage] [the decision of sentence] is against the defendant, and the victim is also at fault in the occurrence of the traffic accident in this case.

In addition, the scope of the recommended punishment according to the sentencing guidelines as seen earlier.

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