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(영문) 창원지방법원 거창지원 2016.01.20 2015고단304

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 freight B.

On October 8, 2015, the Defendant driven the above vehicle at around 20:10, while proceeding in the direction of the atmosphere of the same area in the direction of the yellow acid in the area of the Gohap-gun, Gohap-gun.

At the time, it was night and a bend road. Therefore, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately operating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

However, the defendant neglected to do so and found that he was at the right right side of the defendant's vehicle moving from the road to the road in the direction of running the vehicle of the victim C (68 S) who entered the road from the right side of the defendant's vehicle. The defendant's front part of the defendant's vehicle's front part of the driver's vehicle's vehicle's front part of the driver's vehicle's vehicle's front part of the driver's vehicle's front part of the driver's vehicle'

Ultimately, the Defendant caused the death of the victim by occupational negligence in the emergency room of the University Hospital in the city of Jinnam-si, which was being treated by the emergency room of the University Hospital on October 9, 2015. < Amended by Act No. 13588, Oct. 14:15, 2015>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, a traffic accident report, and an on-site photograph of the accident scene;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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

1. Selection of a credit cooperative;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for traffic accidents in general shall be limited to the area of mitigation (four months from April to October) (the area of mitigation of special sentencing) in the area of mitigation (the area of mitigation of traffic accidents in general). The mitigated punishment shall not be imposed;

2. The fact that a serious result of the death of a victim has occurred due to the crime of this case, etc., committed against the defendant is considered disadvantageous to the defendant.

(b).