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(영문) 창원지방법원 통영지원 2017.02.08 2016고단1368
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2015, the Defendant, driving a CNS car at CV on November 26, 2015, and driving a two-lane road at the south of the port at the time of Tong-gu, the Defendant, along the south of the CNS, turned to the opposite direction while driving a two-lane road at the south of the port at the right-side and the south of the port at a speed that is impossible to know one way depending on the south distance.

At this point, there is a center line of yellow solid lines, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by driving the motor vehicle, such as the front line and the left line, and the internship in the area where the driver of the motor vehicle is permitted to maintain the tea line, and to prevent the traffic accident.

However, the Defendant neglected to do so and did not discover the victim D (the age of 80) who crosses the road from the right side of the U.S. U.S. U.S., to the left side, due to the front driver's left side of the Defendant's vehicle, and instead did not discover the victim D (the age of 80) who crosses the road from the center line to the left side of the Defendant's vehicle. The victim who crosses the road to the left side of the Defendant's vehicle.

On the other hand, the defendant continued to drive the vehicle again even if he reported that the victim is under his own vehicle, and re-enters the victim with the back wheels part of the defendant's vehicle.

As a result, the Defendant caused the death of the victim by negligence in the course of performing his duties, which was being treated by the Busan National University Hospital on December 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Response to a request for appraisal;

1. A death certificate;

1. CCTVs and black boxes and video CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. To provide community service or attend lectures under Article 62-2 of the Criminal Act;

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