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(영문) 창원지방법원 2015.01.09 2014고단2736
교통사고처리특례법위반
Text

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

However, 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 Class C cargo vehicle.

On July 4, 2014, the Defendant driven the above cargo vehicle on July 14:50, and driven the two-lanes of the two-lane road in front of the Ecafeteria in Kimhae-si, Kimhae-si, the Defendant was driving at approximately 50km in speed from the east of the city to the east of the city along the two-lane distance.

If a person engaged in driving service as a road with heavy pedestrian crossing finds a pedestrian crossing the road by taking into account his/her right and right well, he/she had a duty of care to reduce the speed and prevent accidents by driving safely and safely.

Nevertheless, the defendant neglected this and neglected to reduce the speed, and caused the above part of the victim F (the age 69) who crosses the road to the right side from the left side of the running direction of the above cargo vehicle to go beyond the ground due to its shock.

As a result, the Defendant caused the death of the victim due to the delay in the cage of the cage at the emergency room of the H Hospital located in G in Kimhae-si, where the victim was under medical treatment after July 7, 2014 due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 1 to 7 of the evidence list submitted by the prosecutor

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] In the event that the victim is at considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim under the special mitigation area (two to ten months) of the type 2 of the general traffic accident (the special mitigation area), the victim's bereaved family members do not want the punishment of the defendant in consultation with the victim's bereaved family members.

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