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(영문) 창원지방법원 거창지원 2014.10.15 2014고단198
교통사고처리특례법위반
Text

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

except that 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 of Bone Star Co., Ltd.

On June 30, 2014, at around 11:10 on June 30, 2014, the Defendant proceeded at a speed of about 30-40km of Si speed from the 11188 front line of war ex officio ex officio from the Yancheon-gun-gun.

Since there was a bend road at the front door, there was a duty of care to safely drive the driver by thoroughly operating the front door and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and did not find out the victim C (the age of 85) who walked in the same direction as the Defendant’s vehicle in accordance with the right side of the road from the front side of the Defendant’s vehicle, and received the victim as the front part of the Defendant’s vehicle.

Accordingly, on June 30, 2014, at around 14:41, the Defendant caused the death of the victim due to cerebral cerebral cerebral Bribe damage while being receiving medical treatment from the Gannam University Hospital located in Jinnam-ro 89, Jinnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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 a credit cooperative;

1. Reasons for sentencing (the range of recommending punishment) under Article 62 (1) of the Criminal Act (the favorable circumstances such as the agreement with the bereaved family members of the victim and the first offense) of the Act on the Suspension of Execution (the scope of recommending punishment) (the area of mitigation of traffic accidents in Type II (the death of traffic accidents in April to October) (including the advanced efforts to recover damage).

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