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(영문) 창원지방법원 진주지원 2017.02.15 2016고단1189
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 two years 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 B SP car.

On October 19, 2016, the Defendant, around 21:50 on October 21, 2016, proceeded at a speed of about 87 km from the sloping intersection to the sloping of the national highway 3-lane by the bypass of the official line of the South-west Sea-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and drive the motor vehicle safely.

Nevertheless, the Defendant, by negligence, committed a duty at a speed of about 27 km than the speed limit, found the victim C (the 56-year old) who crossed the above road to the right-hand side from the left-hand side of the road at a speed of about 27 km and found it late, operated the above road at a speed of 56 km, but did not avoid the situation, and did so, the victim's right-hand bridge with the front part of the above vehicle, and caused the victim to die from the front side of the victim's head, thereby getting off the road at a speed of about 61 meters, and caused the victim to die from the front side of the road at a speed of 61 meters.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on a traffic accident (1) a report on actual condition, and a report on a traffic accident (2) a report on actual condition;

1. A traffic accident analysis report;

1. A corpse inspection report and a corpse inspection report;

1. Application of statutes on site photographs;

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence causes a traffic accident by negligence while driving and causing the death of the victim, the criminal liability of the defendant is not minor, but the defendant reflects his/her criminal act, the defendant reaches an agreement with his/her bereaved family member, and the victim's negligence of crossing without permission is the crime of this case.

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