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(영문) 창원지방법원 진주지원 2014.05.14 2014고단196
교통사고처리특례법위반
Text

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

except that 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 is engaged in driving Cone Star A.S. car.

At around 06:20 on November 1, 2013, the Defendant, at Sacheon-si, proceeded toward the direction of the coast along the two lanes in front of Sacheon-si, Sacheon-do.

At the time, there was a new wall before sunrise, so in such a case, there was a duty of care to thoroughly operate the driver of the motor vehicle and to accurately operate the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and found the victim D (the age of 67) who walked on a road due to the negligence of proceeding immediately, and immediately operated the road, but did not avoid the action, and was able to receive the victim from the front part of the defendant's knife.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, a serious injury that is likely to die due to the decline in the food level due to other mergers, such as an external wound sofaculsis with no one open to the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Medical certificates and opinions on serious injuries;

1. Application of Acts and subordinate statutes to report on investigation (verification of the current status of the victim);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) of the suspended sentence refers to all the circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., that are the conditions for sentencing as shown in the argument of the instant case.

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