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(영문) 창원지방법원 마산지원 2015.01.21 2014고단1135

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On October 12:05, 2014, the Defendant driven a Bros freight vehicle around 110.8km in the south Sea Highway located in the west-gun, Chungcheongnam-gun, Gyeongnam-do, and proceeded two lanes from the Busan Seaside to the end of about 90km in the speed of 10km.

당시 3차로에는 C이 운전하는 D 매그너스 승용차가 같은 방향으로 진행하고 있었음에도, 피고인은 좌우의 교통상황을 잘 살피지 않고 그대로 우측으로 차선을 변경한 과실로, 피고인이 운전하는 화물차의 조수석 앞 범퍼 부분으로 위 C이 운전하는 승용차의 운전석 문 부분을 들이받아 위 C이 운전하는 승용차로 하여금 중앙분리대로 튕겨나가게 하여 위 승용차가 중앙분리대에 충격하게 하였다.

Ultimately, the Defendant caused the victim E (V, who was on the back seat of the said car due to the foregoing occupational negligence, to die from the G Hospital located in the Changwon-si, Changwon-si, Madon-si F on the same day at around 15:12 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment): Class II of the general traffic accident (the death of a traffic accident) (the special mitigated person): The mitigation area (the death of a traffic accident) (the special mitigated person): He/she shall not be punished (including the decision of a sentence): The imprisonment without prison labor for eight months and the suspension of execution for two years (the fact that it reflects gender, the fact that the victim has agreed with his/her bereaved family members, etc.);