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(영문) 창원지방법원 거창지원 2017.07.21 2017고단153
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income motor vehicle.

On April 26, 2017, the Defendant driven the above vehicle on April 19:45, and proceeded at a speed of about 50km from the side of the school at a speed of about 50km per hour to the front side of the one-way intersection, located on the 5-way side of the Gyeong Chang-gun, Chungcheongnam-gun, Seoul.

At the time, there is a night, and there is no separate delivery as a village front of the village, so pedestrians are forced to walk along the road side. In such a case, there was a duty of care to look at the front side and the right and the right and the right of the driver while driving a motor vehicle at a reduced speed, and to prevent accidents by accurately manipulating the steering and the brakes, and to prevent accidents.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 81) who was walking along the road in front of the Defendant by negligence while driving the road before the Defendant, and received the victim with the front part of the franchise vehicle operated by the Defendant.

As a result, the Defendant suffered from the injury, such as double alleys, etc., due to the above occupational negligence, and caused the victim's death at the same place as a low blood pressure shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site records and photographs of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: From one month to five years of credit cooperatives;

2. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines shall be limited to the occurrence of traffic accidents or the expansion of damage to the victims of the Type 2 (Death resulting from Traffic Accidents) area (two months-one year-one year-one year) of the Special Mitigation Zone (the victim of special mitigation).

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