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(영문) 창원지방법원 통영지원 2016.07.07 2016고단390
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 a period of 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 car Ci30.

On December 2, 2015, the Defendant driven the above car at a speed of 87km per hour in the direction of creative city, depending on one lane among the two lanes in the direction of the E-maintenance Do, which are in front of the E-maintenance Do. D, the Defendant driven the above car at the speed of 19:58 and proceeded at a speed of 87km per hour in the direction of the Sinwon-si.

At the time, it was night and the surface was dissatisfy, and the location was the location of commercial building and the cross-city bus terminal, so there was a duty of care to operate safely by accurately operating the steering and operating the steering gear in a manner that is lower than the restricted speed, as a person engaged in driving a motor vehicle is in the location of a commercial building and a bus terminal, and the passage of pedestrians is frequent.

Nevertheless, the defendant neglected this and caused the damaged person to go beyond the road on the right side of the victim F (50) who crosses the road from the left side of the defendant's course to the right side by the negligence going beyond the limited speed.

Ultimately, the Defendant caused the death of the victim, who was under the follow-up treatment at the emergency room of Samsung Changwon Hospital, located in Samsung Changwon on December 3, 2015, due to the above occupational negligence, due to a multi-long period of time.

Summary of Evidence

1. Statement by the police concerning 1 G of the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a comprehensive traffic accident analysis report;

1. An accident scene photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Act on the Suspension of Execution provides that the occurrence of a case is negligent, such as where the victim dies due to the negligence of the defendant for the reason of sentencing, but the defendant, who does not have the same criminal record, has committed a crime, is also aware of all the crimes and is against the defendant.

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