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(영문) 창원지방법원 통영지원 2016.08.10 2016고단707
교통사고처리특례법위반
Text

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

Reasons

Criminal facts

On March 10, 2016, the Defendant driven the above Obane C around 14:30 on March 10, 2016, and proceeded with the front road D at the macro-si.

Since a crosswalk is installed on the front side, in such a case, a person engaged in driving service has a duty of care to check whether there is a person who will build a road by reducing speed and by properly examining the front side and the left side.

However, the Defendant neglected to do so and followed the Defendant’s fault to the right side of the victim F (50 years old) on the right side of the crosswalk, which was the victim F (50 years old).

Ultimately, around April 11, 2016, the Defendant caused the victim who was under medical treatment in the East-si Hospital located in the Seo-gu Busan Metropolitan City, Seo-gu, Busan Metropolitan City, to die due to brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of Acts and subordinate statutes to each investigation report (video CD);

1. Relevant Acts 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, reasons for sentencing of imprisonment without prison labor or heavier punishment;

1. The scope of recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of recommended punishment] and the basic area (from August to two years) of the types of general traffic accidents (the death of traffic accidents) (no person subject to special sentencing) shall exist;

2. Determination of sentence - Determination of favorable circumstances: The fact that considerable part of the insurance money in liability insurance seems to have been paid, the fact that many branchs, such as the defendant's friendship, wishing to have the defendant's preference against the defendant, and the defendant reflects his mistake in depth through a series of rebuttals.

- Unfavorable circumstances: The fact that the defendant's negligence is high due to an accident in a crosswalk, and the result of the victim's death is too serious;

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