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(영문) 창원지방법원 2015.07.08 2015고단657
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in the operation of EXE car.

On January 21, 2015, around 05:10, the Defendant proceeded to the four-lane road in the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, 101, the front direction of the 101-do Do, from the distance of the educational complex to the distance of the Changwon Hospital.

At the same time, the restricted speed is 70 km a hour. In such a case, a person engaged in driving a motor vehicle is obliged to observe the restricted speed and operate the steering gear and brakes accurately to prevent accidents, and the defendant neglected his/her duty of care to prevent accidents, while driving the steering gear at a speed of about 117 km a speed at a speed of 17 km a speed, the defendant neglected his/her duty of care, and caused the death of the victim D (the age of 19) (the age of 19) who was on the top of the above motor vehicle due to his/her shock by negligence in the course of business, which erroneously operated the steering gear, to shock the right part of the motor vehicle, and to receive the street installed on the sidewalk, thereby driving the motor vehicle on the sidewalk.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and an on-site photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] general traffic accidents in general shall not be punished in the area (four months to ten months) mitigated (special mitigation).

2. The crime of this case, which was determined to be sentenced to punishment, is a case resulting in the death of a victim who was driven under the influence of the defendant while driving under the influence of the defendant, and the responsibility for the crime is very serious.

I would like to say.

However, the defendant repents his mistake and reflects his mistake.

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