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(영문) 창원지방법원 2015.07.01 2014고단3314
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 Category C truck.

On September 13, 2014, at around 07:25, the Defendant driven the above truck and let the victim go beyond the road, due to the negligence that did not discover the victim D(88 years of age) who is crossing without permission due to the failure to neglect the duty of front-time care in the new wall market, and caused the victim to go beyond the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence from the cerebral cerebral cerebral cerebrovassis in the F Hospital in Kimhae-si, where the victim was under medical treatment at around 17:10 on March 16, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Investigation report (with respect to traffic accident analysis report);

1. Application of Acts and subordinate statutes to death medical certificates and replies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] general traffic accidents in general shall not be punished in the area (four months to ten months) mitigated (special mitigation).

2. The criminal defendant's mistake that caused the instant traffic accident by occupational negligence, such as the statement of facts constituting a crime, causing the death of the victim is very serious.

I would like to say.

However, the defendant repents his mistake and reflects his mistake, the accident of this case occurred while crossing the road without permission, the bereaved family members of the victim do not want the punishment of the defendant, and the defendant is the primary offender, the age, character and conduct of the defendant, the motive, means and result of the crime.

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