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(영문) 창원지방법원 진주지원 2015.03.24 2014고단1160
교통사고처리특례법위반
Text

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

except that the execution of a sentence 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 a Clearning car.

On October 3, 2014, the Defendant driven the said car at a low speed on October 18:47, 2014, and proceeded at an aesthetic speed towards the road of one-lane in the vicinity of the Pyeong Village at Pyeong-si at Pyeong-si.

At the time, it is night and located in a village where people and vehicles are frequent, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed by driving the steering room and accurately manipulating the steering gear.

Nevertheless, the defendant neglected this and proceeded with the victim D(54) who was in excess of the bicycle riding on the passenger car front side by the negligence of the defendant's duty, which led to the defendant's failure to display the bicycle to the passenger car.

As a result, the Defendant suffered injury, such as double alleys, due to the above occupational negligence, and caused the death of the victim from two injury caused by two injury to the injury of the victim at the Gyeongju-dong University Hospital located in Jinju-si around 19:49 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic survey report;

1. A death certificate;

1. Application of the traffic investigation report (on the first reporter's statement, on the second reporter's statement), each internal investigation report (on the second reporter's statement), investigation report, photographs related to accidents, CCTV image CDs, certificate of insurance coverage for automobiles, 112 reported voice files, CDs, first-aid services logs, vehicle driving license ledger, vehicle driving license ledger, and the second person's statement);

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. While the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is serious as the victim dies, the damage is very serious. However, the defendant's attempt to commit his/her crime and reflects the depth thereof.

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