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(영문) 창원지방법원 진주지원 2019.08.29 2019고단514
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM3.

On April 12, 2019, the Defendant driven the above car on April 21, 2019, while proceeding the shooting distance in front of the C Apartment D from the Jin-si to E from the Sinsan-Eup, and turn to the left.

In this case, the driver has a duty of care to safely drive the vehicle by temporarily reducing or temporarily stopping the speed and ascertaining whether the vehicle, etc. is being driven by entering the intersection, since no signal, etc. is installed and traffic control is performed.

Nevertheless, the defendant did not neglect this and did not discover the GWW 125EX2 Oba, which was driven by the victim F(33 years of age) who was driven in the opposite direction from the above shooting distance to the defendant's opposite direction, and the victim got off the land by receiving the victim's Obaba in front of the defendant's car.

Ultimately, at around 08:42 on April 25, 2019, the Defendant caused the death of the victim due to the occupational negligence at the Gannam University Hospital located in 79, Jinju-si, Jinju-si, Jinnam-si, resulting in the death of the victim due to the occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of each traffic accident report (on-site investigation report), accident-related photographs, Bblebbox video CD-related Acts and subordinate statutes;

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

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence;

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