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(영문) 창원지방법원 2016.06.10 2016고단387

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 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 the Dona-si.

On November 29, 2015, at around 05:45, the Defendant driven the above taxi and proceeded to turn to the left the left at the seat of the Dong-dong Corporation located in the Dong-dong Kimhae-si, Kimhae-si, according to one lane from the Dong-dong Corporation located in the Dong-dong Kimhae-si, Kimhae-si.

At that time, the defendant caused a fire to the taxi because the defendant was negligent to turn to the left in violation of the signal, and the fynael of the victim E (70 tax) driveed from the fynael on the surface of the Dong Kimhae-si to the seat of the city in Busan, the defendant caused a fire to the taxi on the right side of the road by avoiding the taxi of the defendant.

Ultimately, the Defendant caused the victim’s death by fire due to negligence on the part of the above business, and caused the victim G (hereinafter referred to as the “victim”) who boarded the lower seat of the said damaged taxi to suffer bodily injury, such as a breath of the lower part of the arms, which requires approximately eight weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident;

1. A traffic accident report, traffic accident report, accident scene photograph, image of a defense contractor, or CCTV image;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes of the medical certificate (G);

1. Relevant legal provisions concerning criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act;

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

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. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of the recommended punishment] shall not be punished in the area of mitigation (from April to October) (the area of mitigation of traffic accidents in the range of special mitigation];

2. The victim E is dead by the defendant who renders a decision of sentence causes a traffic accident and the victim is the victim.