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(영문) 창원지방법원 마산지원 2016.04.19 2016고단159

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the cpos, cpos, Spos, and caps.

On February 7, 2016, the Defendant proceeded at a speed from the 80-1 side to the 80-10-west 80-10 speed from the 2nd side of the parallel of three streets in front of the Haban-gun, Haban-nam, Haban-gun, Haban-gun, Haban-gun, Haban-

There is a duty of care to safely drive a motor vehicle to prevent accidents in advance by reducing speed and checking whether a bicycle is proceeding in front of the road, because a bicycle driven by the victim E (n, 73 years old) enters the said intersection at the time of the place where a radius is installed because it is not secured as a three-distance intersection, and a bicycle driven by the victim E (n, 73 years old) is proceeding in the direction of the defendant's proceeding.

Nevertheless, the Defendant neglected this and went beyond the ground by shocking the front right side of the victim's bicycle driving who entered the above intersection with his negligence, which led the victim's bicycle front right side, to go beyond the ground.

Ultimately, the Defendant caused the death of the victim at the above time on the ground of the above occupational negligence on the ground of the chest organ damage (rest).

Summary of Evidence

1. Statement by the defendant in court;

1. A written corpse inspection report prepared by the police with respect to F;

1. Application of the Acts and subordinate statutes excluding photographs and CDs by using a traffic accident investigation report to take CCTV images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of the recommended punishment on the sentencing guidelines: From April to October of the credit cooperative (the scope of the recommended punishment) in the area of mitigation (from April to October) (including special mitigation factors) in the area of mitigation (including serious efforts to recover damage) in the area of mitigation;

2. The following circumstances shall be determined by sentence: