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(영문) 창원지방법원 거창지원 2015.12.16 2015고단269
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 14:50 on September 13, 2015, the Defendant came to proceed one-lane road in front of a private village in the Mancheon-gun, Chungcheongnam-gun, Incheon-gun, with a single-lane road in front of the common village.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear, steering gear, and brakes.

Nevertheless, the Defendant’s vehicle driven by negligence while neglecting the right side of the road at the time when the vehicle driven by the Defendant left the right side of the road, and at the time when the road was opened (74 years old and 77 years old) and the victim E (7 years old and 77 years old) were in front of the right side of the said vehicle.

Ultimately, the Defendant caused the death of the victim D due to such occupational negligence as above, and caused the victim E to die at the emergency room of the University Hospital on the same day at around 17:03 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report, a traffic accident report, and an accident site photograph;

1. A report on investigation (to listen to the statements of an accident vehicle booms images and witnesses);

1. A written autopsy report and a death diagnosis report;

1. Application of the statutes to the response to the request for traffic accident analysis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing of imprisonment without prison labor;

1. The sentencing criteria in consideration of the sentencing criteria are not applicable because they do not present a separate processing method for the ordinary concurrent crimes.

However, reference materials for proper sentencing shall be considered.

[Scope of Recommendation] The basic area of traffic accidents of types 2 (Death resulting from Traffic Accidents) is the basic area (from August to June).

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