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(영문) 창원지방법원 통영지원 2019.05.09 2019고단115
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On December 10, 2018, the Defendant driven the above cargo vehicle from 06:35 on December 10, 2018, and led to the intersection in front of the village bus stop located in the Shinsung-gun, at the price of the Jinsung-gun, to the high-Eup side of the territorial sea.

The Defendant, by negligence, neglected the duty of Jeonju, took the parts of the body part of the victim C(75 years old) crossing the said road on the right side of the port side of the course of the course of the collision into the front part of the said cargo vehicle, and caused the victim to write on the road due to the shock.

On December 10, 2018, the Defendant caused the victim to die due to the injury to the second injury to the second injury to the second injury to the second injury to the wound University Hospital located in Jinnam-ro 79, Jinju-si, Jinnam-si around 08:14.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs;

1. Inquiry into the enemy;

1. A death certificate;

1. Protocol of inspection;

1. Photographs of a deceased person;

1. Application of the Acts and subordinate statutes to replys to traffic accident analysis requests;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act and Article 268 of the Act on Special Cases concerning the Settlement of

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

1. Scope of punishment by law: One month to five years of imprisonment without prison labor; and

2. The scope of sentence according to the sentencing guidelines of the Supreme Court [the scope of recommendation] general traffic accidents in the range of sentence (the scope of recommendation] and the area where mitigation (the death of traffic accidents in four to one year) is mitigated (the area where special mitigation is made] and no penalty is imposed (including serious efforts to recover damage);

3. Determination of sentence: (a) the occurrence of the serious result of the death of the victim due to the instant crime; (b) the degree of negligence in the operation of the defendant; (c) the smooth agreement with the bereaved family members; (d) the fact that the person was sentenced to a fine for the same kind of crime in around 2006; (c) the time and depth of the crime; and (d) other matters prescribed in Article 51 of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence

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