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(영문) 창원지방법원 통영지원 2015.02.05 2014고단1145
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a vehicle B during the season.

Around 10:00 on June 19, 2014, the Defendant driven the above vehicle and proceeded with the forest road in front of 110-12, the south-west side road at the speed of about 20 km from the south-west side to the yellow mountain.

The above forest road was a road bended by the left, and at the time, two telegraph poles were loaded at the above end of the forest road, and the victim was engaged in the construction of a maw and a poppy on the above end of the forest road, and thus, there was a duty of care to safely drive the vehicle to prevent accidents by safely driving the vehicle, such as operating the steering direction and brake system accurately, and by ensuring that telegraph poles, etc. loaded on the vehicle do not shock pedestrians, etc.

Nevertheless, the Defendant, while driving a vehicle on the rear side of the Defendant with neglect, received the upper part of the victim C (AW 76 years of age) who was on the front side of the vehicle of the Defendant and was on the front side of the train, and went beyond the said road to the victim.

Ultimately, at around 02:50 on July 19, 2014, the Defendant caused the death of the victim by brain internal organs, cerebral surgery, etc. at the Gyeongju-dong Hospital located in Jinju-dong 90 on July 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs and photographs of accident places;

1. Application of Acts and subordinate statutes to death certificates and autopsy and appraisal certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Recommendation of the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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