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(영문) 창원지방법원마산지원 2020.11.17 2020고단617
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

At around 22:40 on March 20, 2020, the Defendant continued the shooting distance in front of the sports complex under the title of the Changwon-si, Changwon-si, which is a general sports zone, from C to the intersection of the fishing village.

At all times, crosswalks are installed and the speed limit is 50km per hour, so in such a case, the driver had a duty of care to observe the speed limit to those engaged in driving duties and to properly manipulate the front-way, and to prevent accidents in advance by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the running direction of the Defendant, and the Defendant received the victim D, who dried the crosswalk on the right side of the pedestrian stop signal, from the fronter of the rocketing car.

In the end, the Defendant caused the death of the victim due to the multiple organ of September 20, 2020 while receiving treatment from the E Hospital due to the above occupational negligence due to the climatic depression, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. A report on internal accidents (verification of the fact of a traffic accident through CCTV images of an intersection);

1. Reports on internal accidents (Analysis of the speed of vehicles being driven);

1. A traffic accident analysis report;

1. A medical certificate;

1. Investigation report (verification of the fact that the speed limit of this case is 50 km per hour);

1. Application of Acts and subordinate statutes (No. 36 of the evidence list);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 2] mitigation element (special-speed person], such as the occurrence of traffic accidents or the expansion of damage: The recommended area and the recommended area where victims have gross negligence.

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