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(영문) 창원지방법원 통영지원 2014.01.28 2013고단952

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 06:00 on August 27, 2013, the Defendant proceeded with the 77th km of the lusium lusium lusium lusium lusium lusium lusium lusium lusium lusium lusium 63 km from the lusium lusium lusium.

At this point, since the house has a place where the passage of pedestrians is frequent due to a neighboring road, in such a case, the driver of the vehicle has a duty of care to thoroughly handle the operation of the vehicle, and to prevent the accident by accurately manipulating the steering system and operating the vehicle, and to prevent the accident.

Nevertheless, the Defendant neglected to do so and neglected his duty on the front section, and found the victim D (n, 81 years old) who walked along the road from the cafeterias cafeteria to the right side of the running direction of the Defendant’s vehicle, and operated the vehicle hand to the port, but did not avoid any collision with the victim. Thus, the victim’s body part on the left side of the victim’s front part of the vehicle wing the vehicle wing.

Ultimately, on September 19, 2013, the Defendant caused the death of the victim by occupational negligence in the F Hospital located in E, Jinju-si on September 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on 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 Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) of the suspended sentence, the Defendant is recommended to imprisonment without prison labor for not less than four months and ten months (see, e.g., recommendation to reduce the range of “accident resulting from traffic accident” (see, e.g., Supreme Court Decision 2006Da1