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(영문) 창원지방법원 통영지원 2014.08.22 2014고단510
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On January 6, 2014, the Defendant driven the said car at a speed of 06:58, and proceeded at a speed of about 57 km from the front side of the Korean power shooting distance to the front side of the city at a speed of 1:58, the Defendant driven the said car at a speed of about 57 km.

In such cases, the driver of the motor vehicle has a duty of care to prevent the accident by safely driving the motor vehicle at an appropriate speed and method depending on road traffic conditions, such as thorough operation of the front-time vision and accurate operation of the steering and steering devices.

Nevertheless, the Defendant neglected this and went beyond the Defendant’s passenger car to the upper half of the victim C(73 years old) who was going beyond the road due to the preceding traffic accident due to the negligence of continuing the same speed even though the electric traffic signal was yellow signal.

Ultimately, the Defendant caused the victim's death by occupational negligence on January 6, 2014, at a macrodic hospital located in the 14-ro 5-ro, the Yodic-ro, Yodic-ro, the Godic-ro, the Godic-ro, 5-ro, to death.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. A survey report, an appraisal report, medical examination and treatment records, and a comprehensive analysis report on traffic accidents;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (the following sentencing guidelines), the Defendant is recommended to be sentenced to April to imprisonment without prison labor for up to 10 months (see, e.g., recommendation for mitigation area of the type of “accident resulting from traffic accident” (see, e.g., recognition of exemption area as special mitigation factors)). The Defendant’s disadvantage is that entry into the intersection in a yellow new, unreasonable manner, and the victim’s death was a serious result.

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