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(영문) 창원지방법원 진주지원 2016.04.27 2016고단30

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a BM3 car.

On October 21, 2015, the Defendant driven the above car at around 07:50, and proceeded ahead of the Geumcheon Village, which is located in the 368-ro of Sacheon City, from the Jacheon-si, to the tricheon-si.

At this point, there is a center line of yellow-ray, so in this case, the driver of the vehicle has a duty of care to drive safely the vehicle along the lane by thoroughly operating the steering gate and the steering gear accurately.

Nevertheless, the Defendant neglected this and got the victim C (the 72 years of age) who walked along the opposite lane due to the negligence of driving the median line while driving it.

Ultimately, the Defendant caused the victim C to die due to the foregoing occupational negligence, which was sent back to the emergency room of a university hospital in the Glurju-dong 90 on the same day at the Jurju-dong 09:30 on the same day, and caused the death of the victim C by the low-blood shock shock caused by the foregoing traffic accident during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a traffic accident report (1);

1. A death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentences recommended on the sentencing guidelines [the types of decisions] traffic accidents resulting in [the special mitigation factors] punishment, non-permanent (the scope of recommended sentences] of imprisonment without prison labor for not less than four months but not more than ten months;

2. In light of the fact that the Defendant’s breach of the duty of care in the determination of sentence was serious and that the occurrence of the serious result of the victim’s death due to the instant traffic accident, the Defendant’s liability is not minor, but the Defendant’s violation of his criminal act, the Defendant’s driving vehicle is covered by the comprehensive motor vehicle insurance, and the Defendant agreed with the victim’s bereaved family members.