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(영문) 창원지방법원 마산지원 2014.08.13 2014고단168
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

On November 30, 2013, the Defendant, who is engaged in C-si driving, was at least 10km from the side of Changwon-si, Changwon-si, Changwon-si, to turn to the left at a speed of about 10km from the 3.15km-dong to the friendly apartment.

Since the location is a side where pedestrians frequently collapse a road, the driver had a duty of care to prevent accidents by driving safely by safely driving the front left left and right in the driver.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by taking the bridge of the victim D (the age of 69) who was a road on the left-hand side from the right-hand side of the proceeding direction by the negligence of left-hand turn.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the Samsung Chang-si Hospital Central Hospital, Samsung Chang-si, 50, which was a synthetic Masan-si, where the victim was being treated after transmission on December 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report on traffic accidents;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) (Special Mitigation in April to October) (including efforts to recover damage), the area of mitigation (including special mitigation in April to October), the area of punishment not (including decisions on the suspended sentence] [Article 8 months] imprisonment without prison labor, the period of suspended execution two years (including matters agreed with bereaved family members, reflections, etc.);

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