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(영문) 창원지방법원 2016.08.12 2016고단1001

교통사고처리특례법위반

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

However, the execution of the above punishment 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 of a taxi for business use B.

On March 24, 2016, the Defendant driven the above taxi on March 24, 2016, and proceeded ahead of the underground road of the Changwon-si, Changwon-si, with the front side of the National Police Agency's shooting distance from the National Police Agency's shooting distance to the underground vehicular road.

At night, as the Defendant was under duty of care to reduce the speed of the vehicle and prevent the accident by properly examining the front side of the vehicle, the Defendant neglected to do so, and was negligent in proceeding with the speed exceeding 70 km per hour by speed exceeding 91 km per hour in the same direction as the Do, which is the Do Governor, and did not discover the victim C (19 years old) who was on duty and was used in one lane for the central shock absorption, and did not discover the victim C (19 years old) who was in front of the left side of the said taxi.

The Defendant caused the death of the above victim due to the above occupational negligence due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs of traffic accidents;

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 Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where there is a gross negligence on the occurrence of traffic accidents or expansion of damage to victims of the Type 2 (Death, etc. of Traffic Accidents) (4 months to 10 months) (special mitigation) of the mitigation area (any person who has been specially mitigated) of the class 2 (Death, etc. of Traffic Accidents) of ordinary traffic accidents according to the sentencing guidelines;

2. The defendant's decision of sentencing not only violated the speed of the provision but also did not get off at the time, and thus, the injured person has a duty of care to drive with a more rapid reduction, and the negligence is considerable.