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(영문) 창원지방법원 2015.07.08 2015고단553

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On January 26, 2015, at around 19:20, the Defendant driven a BMaz car, and passed a three-lane in front of the Bmaz elementary school in the Gowon-gu, Gowon-si, Gowon-si, Gowon-si, Gowon-dong, Gowon-dong, through the front side of the Bmaz apartment, from Gowon-dong, to the front side of the Bmaz apartment.

Since the location is a three-distance without signal lights, a crosswalk is installed, so the duty of care to reduce the speed, confirm whether there is a pedestrian on the crosswalk, and drive the crosswalk, but due to negligence in operation, the defendant did not discover the victim C (n, 46 years old) who walked along the crosswalk from the right side of the defendant's proceeding to the left side, and did not find the victim C (n, 46 years old) who walk along the crosswalk, and the defendant's vehicle was frighted with the driver's side, and caused the victim to obtain the blood transfusions and the prop-off transfusions, and the victim was treated at the Changwon-si Samsung Changwon Hospital in Changwon-gu, Seoul Special Metropolitan City on February 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of accident scenes, CCTV at accident sites;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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. The instant traffic accident in which the sentence of sentence was determined led to the occurrence of a significant and irrecoverable consequence that the victim dies.

Although the victim was walking along the crosswalk, the traffic accident of this case is caused by negligence, without confirming whether there is a pedestrian on the crosswalk.