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(영문) 창원지방법원 진주지원 2014.10.28 2014고단940
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 who is engaged in driving a BM7 car.

On August 19, 2014, at around 13:18, the Defendant came to turn to the left at about 20 km of Si speed from the front side of the port of entry into the intersection in the South-west Sea-Si, South-west, South-west, South-west, and the right turn to the left.

At this point, the driver of a vehicle who intends to turn to the left has the duty of care to safely proceed by yielding the course of the vehicle when there are other vehicles seeking to go to the right and the right and the right and the right and the right and the right and at the intersection.

Nevertheless, the defendant neglected to turn left without looking at the right side, thereby blocking the course of the victim C(the age of 61) who was driven by the injured party C (the age of 61) who was directly in line with the direction of the defendant's proceeding by negligence in the course of the business, and led the victim to the front part of the victim's right side of the car.

Ultimately, the Defendant caused the above victim to die due to the reduced amount of recycled blood generated from the intra-gradic blood transfusion at the Gluri University Hospital located in Jinju-dong, Jinju-si on the same day at around 16:14 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs;

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

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for the sentencing below) is serious result as the victim dies, but the defendant has committed a crime and is in profoundly against his will. The defendant has no record of being punished for the same kind of crime, and the bereaved family members wish not to punish the defendant.

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