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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1265

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On November 15, 2015, the Defendant driven the above car at around 17:55, and proceeded ahead of the center center in the south-dong of Sacheon-si with a speed of about 35 km from the center inside the south-dong of Sacheon-si to the front side of the center in the south-dong of Sacheon-si to the front side of the Central High School.

In this case, the driver of the vehicle had a duty of care to safely operate the steering gear by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected this and got the victim C (the age of 83) who opened a road on the right side from the left side of the running direction due to the negligence of neglecting it, and received the victim C (the age of 83) in front of the passenger car of the Defendant.

Ultimately, the Defendant caused the victim to die in low blood shocks during treatment by being sent to an emergency room of a university hospital located in Jinju-dong 90, Jinju-dong on the same day at around 20:37 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

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

1. A criminal investigation report (the location, etc. of an accident);

1. A death diagnosis certificate (C);

1. Application of Acts and subordinate statutes to each on-site photograph (the scene of each accident, the type of accident, and the identity of the perpetrator, change photographs, temporary automobiles, and C);

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] and the scope of the ordinary traffic accident class 2 (Death or Injury by Traffic Accidents) (4 months to 10 months) (a person subject to special mitigation] shall not be punished;

2. Although the nature of the crime is not good in light of the fact that a serious result, such as the death of the sentence, has occurred, the defendant is breaking his mistake in depth, and the defendant is the defendant.