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(영문) 창원지방법원 2016.09.23 2016고단1860
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 motor vehicle B, rabal, or cargo vehicle.

On March 16, 2016, around 15:10 on March 16, 2016, the Defendant came to turn to the left at the left at the 'mark customary market' located in the "D cafeteria.

It is a road where no signal, etc. exists. Therefore, in such a case, the Defendant was negligent in neglecting the duty of care to check whether a person engaged in driving of a motor vehicle has a road by reducing the speed and by checking well the right and the right and the right and the right of the motor vehicle and to drive the motor vehicle, and even if there was a duty of care to safely drive the motor vehicle, the Defendant received the left-hand side and the part of the bridge in front of the left-hand part of the motor vehicle for the freight driver and the driver's seat in front of the left-hand part of the motor vehicle operated by the Defendant, by neglecting the duty of care to safely drive the motor vehicle.

Ultimately, the Defendant suffered from an injury to the victim, such as the left upper body pelle, due to the above occupational negligence, and caused the death of G hospital located in Kimhae-si F on March 16, 2016, while receiving treatment from G hospital located in Kimhae-si F on March 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A photograph of the scene of the accident and a photo of the change;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of the recommended punishment] shall not be punished in the area of mitigation (from April to October) (the area of mitigation of traffic accidents in the range of special mitigation];

2. The instant accident occurred by the Defendant, who did not discover and operate the victim who dried the crosswalk, and thereby, the victim died.

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