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(영문) 창원지방법원 2015.04.09 2014고단3183

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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a B-Epurd vehicle.

On September 10, 2014, around 19:25, the Defendant started the said vehicle from the front of the “Dmaart” in the Seocho-si, Changwon-si, the Defendant started to drive the said vehicle to the crosswalk installed at the above tri-distance intersection in order to illegally walk the said tri-distance intersection to drive toward the salt farm distance. On September 10, 2014, the Defendant did not discover the victim E (n, 61 years old) who dried the crosswalk in accordance with the Madre signals, and received the parts above the left side of the victim's left side.

At around 09:04 on September 14, 2014, the Defendant caused the victim to die with severe cerebral cerebral cerebral cerebral typha at Samsung Changwon Hospital by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents in April through October) (Special Mitigation) and the area of mitigation (including efforts to recover damage) [including decisions on the suspended sentence] imprisonment without prison labor for 10 months, the suspended sentence for 2 years (in the first place, the first place, the first place, the agreed points, etc.);