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(영문) 창원지방법원 통영지원 2019.06.26 2019고단303
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

The defendant is a person who is engaged in driving the B-learning passenger car.

On January 2, 2019, the Defendant driven the said car at around 23:29, while driving the car and driving the road in front of the C building on the right-hand side from the right-hand side to the right-hand side of the road at night while neglecting the speed while neglecting the speed while driving the road from the right-hand side of the road at night, and driving the road on the right-hand side of the victim D (n, 63 years old) crossing the said road from the right-hand side of the course of the course. The Defendant got the victim into the front-hand part of the said car.

On January 2, 2019, the Defendant, through occupational negligence, caused the death of the victim in the F Hospital in the F Hospital E in the 23:48 Sasi-si on January 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding survey reports and replies to requests for analysis of traffic accidents and death accidents;

1. Application of the Acts and subordinate statutes related to autopsy documents (D);

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: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation factors: Death of traffic accident [Special Sentencing]: In a case where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished [the area of recommendation and recommendation] special mitigation factors, and February through one year without prison labor;

3. Determination of sentence: The defendant needs to be punished strictly in that the defendant's mistake in his/her imprisonment without prison labor for three months or one year or a stay of execution has resulted in the death of the victim.

However, the victim's unauthorized crossing seems to have an important impact on the occurrence of traffic accidents and the expansion of damage, and the defendant does not want punishment against the defendant by mutual consent with the victim's bereaved family.

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