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(영문) 창원지방법원 진주지원 2017.09.27 2017고단480
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 a period of two years 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 a leisure car.

On May 16, 2017, the Defendant proceeded with the road of one lane in front of the oil station E, located in Ha-dong, Ha-dong, Ha-dong, Ha-dong, Ha-dong, Ha-dong, in the direction of the parallel from the west-dong to the west-dong.

Since there is a road in front of the village, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle at sufficient intervals with the motor vehicle in order to reduce speed and to ensure the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and found the victim F.(89) to the left-hand side from the right-hand side of the marina course due to negligence, which led the defendant to go beyond the floor by receiving the victim from the front part of the said car.

Ultimately, the Defendant caused the victim’s death by occupational negligence at H hospitals located in the same military G on the same day at around 09:00 on the same day due to the death of the victim due to external cerebral typosis.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site photographs;

1. Application of CCTV Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing guidelines applicable: Recommendations for the application of the sentencing guidelines: Two months to one year (special mitigation): Where the victim has been negligent in causing traffic accidents, the victim is not subject to punishment;

2. The Defendant was not guilty, and the instant accident occurred while the victim was crossing without permission, and agreed with the victim’s bereaved family members.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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