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(영문) 창원지방법원 진주지원 2015.10.13 2015고단588

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 K5 si.

On April 14, 2015, the Defendant driven the above taxi on April 14, 2015, and proceeded at approximately 49km from the sacheon-si, Sacheon-si to the front side of the D, which is located in Sacheon-si C, in the direction of Sacheon-si.

At the time, there was a duty of care to ensure safety by accurately manipulating the brakes and steering gear under the influence and speed of a person engaged in driving a motor vehicle in such a case, because it was night and well-known.

Nevertheless, the defendant neglected this and proceeded with the victim E (the age of 39) who was walking on the part of the defendant's taxi according to the vehicular road that the defendant was proceeding by negligence on duty, which led to the defendant's fault.

Ultimately, the Defendant suffered from an injury of cerebrovascular disease by occupational negligence as above. Accordingly, around April 16, 2015, at the Gyeongju-si Hospital located in Jinju-si, Jinju-si, the Defendant caused the death of the victim due to cerebrovascular injury.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes, such as field photographs, reports on internal affairs (such as the state of a sea-going vehicle, etc. at the scene of an accident), on-site photographs, video images, CDs, investigation reports (including the record of video recording of track boxes of a sea-going vehicle), and comprehensive traffic accident analysis reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category II (the death of a traffic accident) (the period between April and October) (including the specially mitigated person] mitigated area (including the advanced efforts to recover damage);

2. The decision of death of sentence may be complied with;