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(영문) 창원지방법원 2016.06.21 2016고단1048
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a motor vehicle B.

On February 24, 2016, the Defendant driven the above car at around 06:30, while driving it at around the 06:30, the Defendant driven the king hill road from the west of the tunnel to the middle of the Kim Sea along the intersection.

Since the front door was an intersection with a crosswalk, there was a duty of care to prevent accidents by properly examining whether a person engaged in driving a motor vehicle is a pedestrian crossing around the crosswalk.

Nevertheless, the defendant did not discover the victim C (78 tax) who was crossing the road on the right side from the left side of the bed bank due to the negligence of neglecting the front city, and did not discover the victim C (78 tax) and had the victim go beyond the floor.

Ultimately, the Defendant caused the victim's death by the occupational negligence above due to the shock and the color electric shock from the shock in the emergency room of the Kimhae-si, which is located in the Kimhae-si, Kimhae-si on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General traffic accident Type 2 (Death, etc. by Traffic Accidents), the mitigation area (4 to 10 months), [including efforts to recover damage] imprisonment without prison labor for 8 months, suspended sentence 2 years (the details of accidents, reflects the nature of accidents, reflects the victim, the victim's agreement with his/her bereaved family members, and the first offender)

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