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(영문) 창원지방법원 2020.11.03 2020고단2670
교통사고처리특례법위반(치사)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 14, 2020, the Defendant driven the above car on June 14, 2020, and led to the direction of D management operation from the direction of Emiddle School to the intersection of the shooting distance in front of the Seongbuk-gu C and D2 entrance and exit in Changwon-si.

In this case, the driver had a duty of care to stop temporarily before entering the intersection and check the progress of another vehicle and prevent the accident in advance.

In addition, the Defendant neglected this and did not temporarily stop before entering the intersection, and instead did so, was driven by the victim F (F.I., 45 years old) who was in a direct progress from the left-hand side of the running direction of the Marined Defendant to the right-hand side of the yellow ray, and was driven by the Defendant’s passenger car ahead of the passenger car.

As a result, the Defendant suffered injury to the Victim F by negligence in the course of performing the above duties, such as dump, etc. of the bones of wood, which requires medical treatment for about two weeks, and at the same time, the Victim H (7 years old) who is a passenger of the said radar car.

6. 23. 23. Around 06:18, at an I Hospital, which was under medical treatment for the after-sales treatment, the death was caused by the cerebral cerebral cerebral cerebral cerebral cerebral cerebral typha.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, photographs, death certificate, internal investigation report, and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act, such as the death of one of the defendants as the instant crime, injury to one of the defendants, and having the same criminal records of punishment, are disadvantageous circumstances.

However, the defendant.

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