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(영문) 창원지방법원 2014.09.26 2014고단810
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the operation of the C Launa car.

On January 25, 2014, the Defendant driven the above vehicle at around 11:30, and proceeded two lanes from the front side of the Sungwon apartment complex in Sungwon-dong, Sungwon-gu, Sungwon-gu, Sungwon-si, Sungwon-si to the front side of the apartment.

At the time, since the victim D (the age of 76) was in the front section of the defendant's vehicle, there was a duty of care to safely operate by checking the front section and the left and right of the driver.

Nevertheless, on March 3, 2014, the Defendant neglected this and caused the death of the victim due to the long-term function of the F Hospital located in Seongbuk-gu, Changwon-si, Sungwon-si due to the Multi-Functional Aggregate at the F Hospital around 05:07 on March 3, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 1 to 5 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] General Traffic Accident Punishment (Special Mitigations in April to October) [including serious efforts to recover from traffic accidents] The defendant is more favorable to the defendant, including the fact that he/she is led to confessions and reflects in the mitigated area of punishment (the decision of sentence), the fact that he/she subscribed to a comprehensive motor vehicle insurance, the fact that he/she has agreed with the victim's bereaved family members, and the fact that there are the victim's negligence in the occurrence of the instant accident. Although the victim was crossing the road without permission, the location of the accident without permission could frequently occur due to the three distance connected to the entrance of the apartment, and thus, the defendant could sufficiently prevent the accident if he/she paid little attention.

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