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(영문) 창원지방법원 2015.01.27 2014고단2717

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2014, around 19:40 on July 19, 2014, the Defendant, who is engaged in the urban bus driving service B, was driving along two lanes of the three-lane road in the direction of the ju apartment in the direction of the ju apartment, as the Sung-gu, Changwon-si, Changwon-si, Seoul.

The location is a private intersection where signal lights are installed, and the defendant's direction signal at the time was red light, so the driver of the vehicle was stopped in front of the stop line and the green light was occupied, and then it was confirmed that there is no vehicle driving on the right side and the right side of the vehicle and there was a duty of care to safely enter the intersection.

Nevertheless, the Defendant neglected this and caused the death of the victim D (the aged 40) who was driving Ortoba in the direction of the left-hand creative viewing on the road in the direction of the e-mail range of the Defendant’s front right-hand side of the e-mail, with the front part of the above Ortoba, in the middle part of the right-hand side of the city bus, and due to the shock thereof, the victim caused the death of the victim due to cerebral damage, etc. on the spot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A corpse of corpse;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to the investigation report (subject matters of inspection);

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

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendations based on the sentencing criteria - The area where the death of traffic accidents is mitigated: April to October of a credit cooperative;

2. Consideration - Circumstances in consideration of reflectivity, requests for the punishment of the victim's bereaved family members, requests for suspension of execution or more, unfavorable circumstances: the occurrence of the result of the death, the degree of violation of duty of care, - Other age, character, conduct, health conditions and family environment of the defendant;