beta
(영문) 창원지방법원 마산지원 2014.05.20 2014고단62

교통사고처리특례법위반

Text

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

However, 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

The defendant is a person who is engaged in the operation of Category D Ⅱ trucks.

On September 26, 2013, the Defendant driven the above truck and proceeded along the two-lanes of the two-lanes of the national highways at the 5-lanes of the territorial sea located in the west-gun of the Hallan-gun of the Hallan-gun of the Hallan-gun of the Republic of Korea (U.S.).

Since there was a signal, there was a duty of care to drive a motor vehicle safely in accordance with the good faith.

Nevertheless, the Defendant neglected to do so and received a part of the upper right part of the Flod-off car of the victim E(54 years old) driving, which was proceeding with the yellow on and off ground of the main body of the victim E(54 years old), in the direction of the main body of the said truck, due to the negligence of proceeding, in violation of the red on and off signal signal.

After all, the Defendant suffered injury to the above E, which requires approximately six weeks of medical treatment due to occupational negligence, and caused the victim G (the aged 61) who was boarding the said car to death due to the acute smoking caused by the crym crym crym crym crym crym crym crym.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. An investigation report on the actual condition of a traffic accident, and an on-site photograph of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate (E) and a death certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. The crime of this case is heavy in view of the fact that the victim under the name of the victim is dead due to the traffic accident in this case due to the reason of sentencing under Article 62-2 of the Criminal Act, and the victim under the other name reaches six weeks medical treatment.

However, the defendant is punished more severe than a fine.