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(영문) 창원지방법원 2019.07.19 2018고단2324
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving of the passenger car B and 25 passengers.

On July 16, 2018, the Defendant moved the roads in front of the D Child Care Center C in the Seocho-gu Seoul Special Metropolitan City, Changwon-si into the area of D Child Care Center at the Ecafeteria.

Since there are access roads to a village without distinction between a roadway and a sidewalk, a person engaged in driving a motor vehicle has a duty of care to check whether there is a pedestrian, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and did not discover the F (76 years of age) of the victim who was walking along, and did not discover the victim's seat, and got the victim's parts such as the victim's side back to the right side of the above mix, and continued to go beyond the floor, followed the victim's side by turning the victim's side back to the right side of the said mix, followed the victim's side back to the upper right side of the mix, followed the victim's body part back to the future.

Ultimately, at around 17:37 of the same day from the above occupational negligence, the Defendant caused the victim to die in the emergency room of the H Hospital located in the Jindo-gu, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

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

1. An accident site and a vehicle photograph, a black stuff, or a photographor;

1. Application of the Acts and subordinate statutes on the body of a deceased person, written result and photographic;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. The basic area (eight to two months) (two years) of the sentencing guidelines for general traffic accidents (the scope of recommendation) shall not be applied;

2. Determination of sentence: (a) comprehensively taking account of all the sentencing conditions, such as the circumstances following the sentence; (b) the background of the instant crime; (c) the Defendant’s age; and (d) character and conduct; and (c)

Conditions disadvantageous to him:

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