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(영문) 창원지방법원 2014.09.30 2014고단1996

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2014, the Defendant driven the above vehicle at around 13:00 on May 29, 2014, and proceeded with one-lane of the two-lanes in the Jinhae-gu, Jinhae-gu, Jinhae-si, which is in the flow of the Jinhae-gu, Changwon-si.

Since a crosswalk is installed at the front door, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the front door, and to drive safely.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim C (the age of 87) who crosses the above crosswalk from the right side to the left side of the bicycle, and went beyond the front part of the Defendant’s vehicle, thereby causing the victim’s death from the Samsung Chang Hospital located in Samsung Chang-si, Changwon, Changwon District, on May 31, 2014 to the front part of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A death certificate;

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

1. Application of Acts and subordinate statutes for report on internal investigation (related to photographs and videos recorded in cases of accidents);

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

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendations based on the sentencing criteria - The area where the death of traffic accidents is mitigated: April to October of a credit cooperative;

2. Consideration - Consideration - Considerations that take into account: reflectivity, the victim’s bereaved family member’s penalty is not imposed, the victim’s family member’s non-guilty records other than fines, etc. - The degree of negligence is severe, the occurrence of death results - Other circumstances, such as the defendant’s age, character and conduct, health conditions, home environment, motive, means, results, etc.