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(영문) 창원지방법원 진주지원 2015.07.07 2015고단387
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the C Scar Tractor and a Tracler connected thereto.

On February 11, 2015, at around 02:00, the Defendant tried to drive the Trayang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

At the time, there was a place where the center line of the yellow-ray was installed at night, so in such a case, there was a duty of care to see the front side and safely proceed according to the right side of the center line.

Nevertheless, the defendant neglected this and proceeded to the opposite sub-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-side road due to the occupational negligence of the victim D (the age of 54) who was going to the sub-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Ultimately, the Defendant suffered injury to the injury of brain injury due to occupational negligence as above, and as a result, the Defendant caused the death of the victim at the Gyeongju-dong University Hospital located in Jinju-si around 03:11 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. A death diagnosis report, a photograph of the corpse, and a written record of autopsy;

1. Application of on-site photographs, the ledger of driver's licenses, and the Acts and subordinate statutes concerning car screening;

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 scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be limited to traffic crime group, general traffic accident, and type 2 (Death resulting from Traffic Accidents).

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