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(영문) 창원지방법원 통영지원 2014.01.17 2013고단927

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C-C-C-C-C-C-C-C-C-P

On October 31, 2013, the Defendant driven the above vehicle at around 17:55 on October 31, 2013, and tried to transfer the road front of the area of the death forest of the luminous area of the community credit cooperative (hereinafter referred to as the “Seoul”) to the area of the dead forest elementary school at the third apartment room of the apartment.

At the time, the traffic signal was installed, and at the time, the vehicle signal, etc. was green, which was connected to the intersection, so there was a duty of care to confirm the signal, etc. and not to make a right-hand, for the defendant engaged in driving service.

Nevertheless, the Defendant neglected this and failed to find out the victim D (six years of age) who walked on the crosswalk in accordance with the green pedestrian signals in the crosswalk due to the negligence of bypassing it in violation of the signal, and received the part prior to the chief of the vehicle driving by the Defendant.

Ultimately, at around 18:40 on October 31, 2013, the Defendant caused the death of the victim at a F Hospital located in Tong Young-si E in the foregoing occupational negligence by means of a shock by two gakes, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Protocol of inspection;

1. Application of the Acts and subordinate statutes on the verification of closed-circuit television images;

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. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s recommendation for the reduction area of the type of crime (the recognition of a person who was not subject to punishment as a special mitigation factor) is recommended to the Defendant for April to ten months (the recognition of a person who was under six years of age as a victim’s death). The Defendant’s negligence results of the death of the victim, and the bereaved families of the victims are very