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(영문) 창원지방법원 2015.05.13 2015고단51

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person engaged in driving C25 tons of car trucks.

On November 26, 2014, at around 10:29, the Defendant driven the above car truck, and led to the speed of 30 km away from the edge of the livestock wastewater to the uppermost distance of the Ejust station located in Kimhae-si D.

On the left side of the defendant's moving direction, the side road was abutting on the road. The center line of the road was white line, and the left line was allowed to turn to the left. On the road facing the front direction at that time, the victim F (the 62 years old) went to the defendant getting a bicycle or going to the defendant. In such a case, the driver of the motor vehicle has a duty of care to safely proceed with the vehicle going to the back on the side, such as the driver of the motor vehicle having a duty of care to stop the front right and the right and the right and the right and the right and the right and the right and the right and the driver of the motor vehicle is driving to stop immediately before the back, temporarily stop the motor vehicle on the back, or fully slow the road, and let the victim go to the right side of the bicycle of the victim who turn to the left to turn to the above back of the road over the victim's floor by taking the front part of the truck as the front part of the truck.

Ultimately, around December 2, 2014, the Defendant caused the death of the victim due to brain injury at the Busan East Asian University Hospital on December 2, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on investigation (Attachment to the site and CCTV photographs, etc.), and a report on actual condition investigation;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to the sentencing criteria (the scope of recommendations) general.