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(영문) 창원지방법원 마산지원 2018.05.25 2017고단1217
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving a low-speed car.

On September 11, 2017, the Defendant driven the above car at around 19:10, and driven a road prior to the F farm in Changwon-si, Changwon-si, Simpo-si, Simpo-si, at a distance of about 40 km from Changpo Village, to a distance of about 30 km from Changpo Village.

In this case, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and duty of care to operate the steering gear.

Nevertheless, the Defendant left the lane by neglecting his duty at the front time and neglecting to properly operate the steering gear. However, the Defendant did not discover the Victim G(31) on the side of the lane, which was coming on the side of the lane, and received the said Victim as the front part of the said car by the Defendant.

Ultimately, the Defendant, by such occupational negligence, killed the victim from the I Hospital located in Masan-si, Changwon-si, Changwon-si on September 12, 2017 due to multiple growth season, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. Application of the sentencing criteria [the scope of the recommended punishment] General Traffic Accidents Type 2 (the area (4 months to 1 year) (including special mitigation persons) in the area of mitigation of traffic accidents (including serious efforts to recover damage);

2. The punishment as ordered shall be determined by comprehensively taking into account the following factors: although an accident occurred due to the negligence of the defendant who was sentenced to the sentence, the confession and reflection of the crime, the first offender who has no record of the crime, the fact that there is an agreement with the victim's bereaved family members, the age, circumstances after the crime, the circumstances after the crime, and the degree of negligence of both parties, etc.:

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