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(영문) 창원지방법원 진주지원 2014.07.08 2014고단303

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a C low-est car.

On January 20, 2014, the Defendant driven the above car at around 17:50 and led the two-lanes of the road in front of the village tunnel to the chronside from the Jinju to the chronside.

At the time of the defendant's car transfer, EEAVV 125cc. is proceeding at the victim's car transfer room. In such a case, there was a duty of care to prevent accidents by thoroughly maintaining the front time and the safety distance with the front time.

Nevertheless, the defendant neglected to go beyond the road by taking over the victim's back to the front part of the front part of the vehicle of the defendant's vehicle by negligence, which led the defendant to go beyond the road.

As a result, the Defendant caused the death of the victim with multiple growth donations by occupational negligence as seen above, and at the same time destroyed the above Oralba in order to have approximately KRW 1,817,000 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of a traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes on mandatory insurance inquiries and estimates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than punishment);

1. Selection of alternative imprisonment without prison labor;

1. Although there are extenuating circumstances such as the death of the victim and the result of damage is very serious due to the occurrence of the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007).