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(영문) 창원지방법원 통영지원 2018.10.18 2018고단769
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of the BM520 passenger car.

On May 29, 2018, the Defendant proceeded at a speed of about 30 km in the direction of shock in the direction of shock in the direction of C around 21:00.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents, such as temporary suspension in front of the crosswalk, if the driver of a motor vehicle is driving along the crosswalk, while reducing the speed of the motor vehicle and maintaining well the right and the right and the right of the motor vehicle, and pedestrians pass along the crosswalk.

Nevertheless, the defendant neglected this and continued to proceed at the same speed, and found the victim F (Woo 75 years old) who was crossing the crosswalk from the right side of the defendant's running direction to the left side of the road, and was rapidly operated to avoid this, but the damaged person was placed on the road by shocking the left side of the victim's left side due to the front part of the vehicle's left side.

After all, the Defendant caused the death of the victim due to the above occupational negligence, such as brain dynassis and dynassis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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. Although the reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, the criminal liability for the crime of this case, which resulted in the death of the victim by negligence on his/her driving, the defendant does not have the same record of crime, and the victim's bereaved family members do not want the punishment of the defendant, and the conditions of various sentencing as shown in pleadings, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, etc., shall be determined by taking into account the following factors:

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