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(영문) 창원지방법원 통영지원 2013.07.10 2013고단271
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a low-speed vehicle B.

On March 8, 2013, the Defendant driven the above vehicle at around 19:15, and tried to turn to the left two-lanes in front of the upper East East-dong Nong-dong Nong-dong, Sinnam-do, at the same time.

At the time, night and its location was frequent intersection of vehicle traffic, and thus, a driver is obliged to stop on the stop line and check the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents by making a left-hand turn to the left.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front place and attempted to turn to the left without finding a victim C(43 years old) driver's two-wheeled vehicle in the opposite part of the direction of the operation of the Defendant, thereby receiving the front wheel part of the two-wheeled vehicle as the front wheel part of the two-wheeled vehicle.

Ultimately, around March 30, 2013, the Defendant caused the death of the victim at the Busan E Hospital due to brain death, etc. by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident-related person's statement, a actual condition survey report, a traffic accident-related photograph, and a photograph concerning the counsel;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution (Consideration, such as confession, reflect, and the fact that vehicles driven by a defendant are covered by the comprehensive motor vehicle insurance and that they have agreed with the bereaved family members);

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