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(영문) 창원지방법원 마산지원 2015.10.20 2015고단755

교통사고처리특례법위반

Text

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

However, 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 freight B.

On July 13, 2015, the Defendant driven the above cargo vehicle on July 13, 2015, and proceeded along the crosswalk in front of the D cafeteria in Changwon-si C, Changwon-si, with a speed of about 15 km in speed from the right side to the right side of the off side, depending on two lanes.

At this point, signal lights are installed in the rear side, and the person engaged in driving service has a duty of care to check whether there is pedestrians, etc., and to prevent accidents in advance.

Nevertheless, the defendant neglected this and caused the victim E (the age of 82) to cross the crosswalk in accordance with the pedestrian signal of the crosswalk from the right side of the rear direction due to the negligence of neglecting it to go beyond the crosswalk.

Ultimately, at around 22:25 on July 13, 2015, the Defendant caused the death of the victim by the above negligence to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Photographs related to 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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The range of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] general traffic accidents in general shall not be punished in the area (four months to ten months) mitigated (special mitigation).

2. Determination of sentence causes the result that the victim dies of a serious and unrefforable recovery due to the instant traffic accident: Provided, That the fact that the defendant repents and reflects his mistake, and the victim is the victim.