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(영문) 창원지방법원 진주지원 2020.03.11 2020고단134
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On November 28, 2019, the Defendant driven a car with B, B, and proceeded with D's front roads in C at the time of Jinju, from E, to E, a public playground.

Since a crosswalk is installed on a front door, there was a duty of care to prevent accidents by checking whether a person is standing a crosswalk by viewing the front door and the left door and reducing the speed before entering the crosswalk.

Nevertheless, the defendant neglected this and did not find out the victim F(38 years of age) from the right side of the proceeding direction to the left side, and did not get the victim to go beyond the road by taking the front side of the defendant's car.

Around November 30, 2019, the Defendant caused the death of the Defendant by occupational negligence at H Hospital located in Daegu-gu Daegu-si G due to cerebral cerebral cerebral cerebral cerebral tymosis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Reports and photographs of 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 selection of

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

1. Scope of recommendations according to the sentencing guidelines: The area in which the death of a traffic accident is mitigated (type 2) by April to one year of imprisonment without prison labor;

2. Recognizing the determination of sentence, vehicles for the elderly are covered by a comprehensive motor vehicle insurance, and the bereaved family members do not want to be punished against the accused by agreement with the bereaved family members;

The defendant's age, degree of violation of duty of care, etc. are considered.

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