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(영문) 창원지방법원 거창지원 2017.04.12 2017고단1
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 drives B SP car.

On December 4, 2016, around 17:50 around 17:50, the Defendant proceeded with the 24th national highways in Gohap-gun, Chungcheongnam-gun, Chungcheongnam-gun at the seat of a tombstone. At the time, there was a vehicle that had been unable to secure the view at night, and thus, there was a vehicle that had been driving ahead of it, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by thoroughly operating the front time and accurately manipulating the steering and steering devices.

Nevertheless, the Defendant did not find a warning flag that was driven by the victim D (81) who was driven at the front section of the vehicle at the time due to negligence while neglecting the front section of the vehicle at the front section of the vehicle at the time, and caused the damage to the bottom by shocking the front section of the vehicle at the front section of the vehicle at the time.

Ultimately, around December 13, 2016, around 15:55 on December 13, 2016, the Defendant caused the victim’s death by an occupational negligence, such as “serious brain death” at the E Hospital’s clinic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Reporting on the occurrence of traffic accidents or accidents, and suggestion for direction;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Relevant legal provisions 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [the scope of recommended punishment] (4 months to 1 year) mitigation area (including efforts to recover damage), punishment non-members (including those with serious efforts to recover damage): The extent of sentence comparison between punishment and recommended punishment: April to 1 year [the decision of sentence] of the defendant's death or other damage caused by the defendant's crime of this case, etc. is disadvantageous to the defendant.

On the other hand, the defendant committed crimes.

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