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(영문) 창원지방법원 통영지원 2018.10.11 2018고단781
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 person who is engaged in driving of Cuba in the Republic of Korea.

On March 17, 2018, at around 23:35, the Defendant driven the above van and proceeded with a two-lane 60km speed at the front speed of the entrance of the south-do residential apartment located in the south-do, Yong-do, through a one-lane speed of the speed of 60km.

At the time, it was difficult for a person engaged in driving a motor vehicle at night. In such cases, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as accurately operating brakes and steering gear, while checking whether there is a person driving a motor vehicle by maintaining the speed of restriction and driving the road well by checking the right and the right and the right.

Nevertheless, the Defendant neglected this and proceeded with a speed exceeding 20 km a speed of speed, and found it late after the victim D, who crossed the road from the right-hand side of the proceeding to the left-hand side of the road, and caused the damage to the part front of the above knife.

As a result, the Defendant caused the death of the above victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Response to a request for traffic accident analysis;

1. A traffic accident analysis report;

1. A death certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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