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(영문) 창원지방법원 2015.10.20 2015고단1852

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a vehicle C in low-speed.

On May 5, 2015, the Defendant driven the above vehicle on May 17:25, 2015, and proceeded along the two-lanes between the two-lanes from the bridge to the main village.

At the same time, since the victim D(77 years of age) was driving a bicycle on the three-lane right side of the front side, there was a duty of care to safely drive the front side and the front side by accurately manipulating the brake system.

Nevertheless, the defendant neglected the front side of the bicycle and found that the victim was changed from the three-lane to the two-lane due to the negligence in the course of business, which proceeded as is while neglecting the front side of the bicycle, and then the victim got the front side of the above bicycle to the right side part of the above, and caused the shock to go beyond the road floor.

At around 00:38, May 6, 2015, the Defendant caused the death of the victim due to cerebral damage caused by cerebral damage caused by fladropsis while receiving medical treatment at the Dong University Hospital located in Seo-gu, Busan, Seo-gu, Busan, instead of Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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 Code of the community service order [Scope of Recommendation] The basic area (eight to one year and six months) of the second category of traffic accident (the death of traffic accident) [the circumstances considered] [the degree of negligence, damage details, etc. - favorable circumstances such as the degree of damage: The victim is also at fault; the victim is also covered by the comprehensive motor vehicle insurance; the victim is covered by the comprehensive motor vehicle insurance; the victim has deposited a total of KRW 10 million for the victim's bereaved family members; and the first offender is imprisonment without prison labor [the decision of sentence].