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(영문) 창원지방법원 2018.09.20 2018고단1987
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving of a M Bank Co., Ltd. in the M Bank Co.

On April 24, 2018, the Defendant stopped the above vehicle on the road at one-lane 1 in front of the Gu C in Changwon-si around 11:50 on April 24, 2018, and came from the string of the Sungmo-do in order to start from the upper string of the string of the string to the upper string of the string.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by properly seeing whether there is a person who is well in the front and rear side, and accurately manipulating the changeer.

Nevertheless, the Defendant: (a) neglected to do so; (b) caused the victim D (e.g., age 79) who walked behind the above vehicle due to negligence by manipulating a back-hand fish, which is not a previous one; and (c) had the victim go beyond the floor by taking the back side of the above vehicle’s right side.

Ultimately, around May 22, 2018, the Defendant caused the victim to die with a multiple-long-term function due to damage not being hospitalized at the Changwon University Hospital, which was located in Sungwon-si, Sungwon-si on May 22, 2018.

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. A death certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. According to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the grounds for sentencing), various circumstances, including the following circumstances, the age, sex, environment, motive, means and consequence of the crime, etc., as well as the sentencing conditions in the instant case, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing guidelines (the type 2 of ordinary traffic accidents).

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