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(영문) 창원지방법원 2015.04.09 2014고단3189

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaging in driving a rocketing car.

On August 23, 2014, at around 20:15, the Defendant driven the said car, driving the said car, leading to a single-lane road in front of the “D” restaurant located in the Jinsung-gun, Jinnam-gun, at the port of the port of the port, to the sking’s sking from the sking to the sking’s sking.

At the same time, the vehicle of the above restaurant is parked on both directions of the road along the intersection where it was difficult to move around at night, and the vehicle of the above restaurant was parked in the two directions, so the person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed, and to see the road well, and to drive safely.

Nevertheless, the defendant neglected to go on the right side of the front side while crossing the road from the front side of the front side to the left side, and did not go beyond the part of the victim's bridge to the right side of the said vehicle.

Ultimately, at around 20:15 on the same day, the Defendant caused the victim's death by the occupational negligence as above, from the G Hospital emergency room located in the G Hospital F in Gyeongsung-gun F.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents in April through October) (Special Mitigation), the area of mitigation (including serious efforts to recover from traffic accidents), the area of punishment not (including the decision of sentence] (the decision of sentence] imprisonment without prison labor for 8 months and the period of suspended execution for 2 years (the two years of suspended execution and agreement, etc.);