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(영문) 창원지방법원 거창지원 2012.11.28 2012고단453

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 drives a C-Wol-man car.

On August 25, 2012, the Defendant driven the above car at around 15:30 on August 25, 2012, and led to turn to the left from the waterside of the main village located in the Gyeongnam Development-gun.

Since there was a long distance with signal lights, a person engaged in driving service has a duty of care to prevent accidents due to his/her driver's failure to drive his/her front door in accordance with the new code.

Nevertheless, the defendant neglected the front-round and left-hand turn from the straight line without putting the signal properly, and caused the victim F (77 years of age) who was on the front left-hand part of the victim D(39 years of age)'s E-on driver's seat in front of the driver's seat in the front-hand part of the above vehicle and was on the back-hand part of the damaged vehicle's driver's seat in the front-hand part of the above vehicle.

9.4.Grash death caused by the victim G (n, 79 years of age) who was accompanied by the victim D and Aburpted car, suffered from the victim H(7 years of age) who was on board the catus catus in need of approximately 6-day medical treatment, etc., and the victim H(7 years of age) who was on board the catus in the catus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual condition investigation reports, field photographs, and investigation reports;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 for providing community service and attending lectures;

1. Scope of punishment: Not less than one month but not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria [determination of types] traffic crimes, general traffic accidents (type 2] [Special Sentencing] mitigation factors: Recommendation of mitigation areas of punishment (determination of recommendation areas).