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(영문) 창원지방법원 마산지원 2014.06.17 2014고단140
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving a B-to-pur vehicle.

On December 31, 2013, the Defendant driven the above car at around 04:30 on December 31, 2013, and driven the car at the front of the village of Gangseo-gu in Busan Metropolitan City, along the side of the horse race track (commencing port) from the side of the horse race track to the side of the Kim Sea.

Since there is an intersection where a signal, etc. is installed, the person engaged in the vehicle driving has a duty of care to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and went to the left due to the negligence of violating the signal, and received the front part of the victim C(55 years old) driving car from the Horse Kim Sea as a part of the right side of the said Amurged car.

Ultimately, the Defendant suffered injury to the said C, such as salt, tensions, etc. in need of approximately two weeks’ treatment due to occupational negligence, and caused the victim E (the aged 40) who was on the said Abdon-purd vehicle to die with low blood shock among those being treated at the Busan Western F Hospital on December 31, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. Application of Acts and subordinate statutes to the body autopsy report, diagnosis report, and each investigation report;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. On the ground of sentencing under Article 62(1) of the Criminal Act, one victim who was accompanied by the defendant's vehicle due to the instant accident for the reason of sentencing under Article 62(1) of the suspended execution is dead, and one victim who was aboard the other vehicle is in need of two weeks medical treatment, the circumstances unfavorable to the defendant, the fact that the defendant agreed smoothly with the bereaved family members of the victim who died, and that the defendant has no criminal history exceeding

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