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(영문) 창원지방법원 통영지원 2013.11.15 2013고단742

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in the operation of the Lone Star bus.

On June 12, 2013, the Defendant driven the above vehicle around 09:28, and proceeded at a speed of about 80 km per hour from the front side of the road at the front side of the road at the front of the city.

In this case, the driver has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant neglected this and proceeded to the right side of the road driving by the victim C(78 years of age) who illegally crosss the victim C(78 years of age) from the left side of the proceeding direction.

At around 10:00 on June 26, 2013, the Defendant caused the victim’s death by occupational negligence by pressure on brain pressure while being treated at an E hospital located in Da at Sasi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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 (hereinafter referred to as “the sentencing guidelines”) of the suspended sentence, the Defendant is recommended to imprisonment without prison labor for not less than two months and ten months (in cases where there is a substantial fault on the victim as a special mitigation factor (the “special mitigation factor”), and each recognition of “in cases where there is considerable fault on the part of the victim” and “in cases where the victim is not subject to punishment”). The sentencing factor unfavorable to the Defendant shall be considered.

It is considered that the bereaved family members of the victim do not want the punishment of the defendant, and that the victim was the victim without permission as the sentencing factors for the defendant.

In addition, all kinds of sentencing grounds, such as the defendant's age and occupation, are integrated.