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(영문) 창원지방법원 통영지원 2019.06.12 2019고단256
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On December 12, 2018, the Defendant, who is engaged in driving of B Poter Cargo, was driving the above cargo vehicle on December 19, 2018, and was driving on the E-section in accordance with the one-lane distance in front of the bus stop at the C-si Village bus stop at the C-si.

At all times, the maximum speed of restriction is 60 km per hour, and it was difficult to stop at night, and the opposite side of the way to stop the bus in the opposite side of the defendant's running direction, so in such a case, there was a duty of care to prevent accidents by complying with the maximum speed and properly operating the steering and operating the steering system by accurately manipulating the steering and operating it.

Nevertheless, the Defendant neglected this and got off the bus at a speed exceeding 71 km per hour, and found the victim F F (the south, 77 years old) who illegally crossed the road on the right side from the Defendant's right side of the running direction at the time, and did not avoid the victim, but did not go to the direction, and had the victim go beyond the floor by receiving the victim from the fronter of the right side of the Defendant's vehicle.

At around 20:00 on December 12, 2018, the Defendant caused the death of a victim of occupational negligence with an external wound scarcity in the H hospital located in G at G in the macro-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the traffic accident analysis report;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendation [the determination of types] according to the sentencing criteria for traffic crimes and the general traffic accident [the type 2] mitigation factors (the special sentencing factor].

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