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(영문) 창원지방법원 통영지원 2014.04.25 2014고단121
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 of B-learning automobiles.

On January 17, 2014, the Defendant driven the above car at around 07:00 and proceeded with the first line of the road at the entrance of the village at the lower-level at the time of a macro-government at the lower-level.

At the same time, the crosswalk was installed at the front of the road, so in such a case, the person engaged in driving service has a duty of care to check whether there is a pedestrian by reducing the speed and by properly examining the right and the right and the right of the road.

Nevertheless, the defendant neglected to do so and followed the body part of the victim C (A, 61 years old) who crossed the front crosswalk by negligence, with the front part of the passenger car.

Ultimately, the Defendant caused the death of the victim by his occupational negligence in the E Hospital located in D at the time of macroscopic shock, etc. on January 17, 2013, when he was receiving treatment at the E Hospital located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the practical survey report, field photographs statutes;

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 (i.e., circumstances favorable to the defendant among the reasons for sentencing) of the suspended sentence, the suspended sentence is recommended for the defendant in April through October of his/her imprisonment without labor (see, e.g., recommendation to reduce the range of crime “the death of a traffic accident, etc.” (see, e.g., recognition of “non-compliance with punishment”), recommendation to suspend the execution (see, e., Supreme Court Decision 2009Du1488, Apr. 1, 200). The Defendant’

However, it is favorable to the defendant that the defendant reflects, the victim's bereaved family does not want the punishment of the defendant, and the defendant is the first offender.

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