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(영문) 창원지방법원 통영지원 2014.05.15 2014고단99
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CEX car.

On December 23, 2013, the Defendant driven the above car on December 18:15, 2013, and proceeded at approximately 30 km from the direction of the Si-ri road in the direction of the Si-ri road from the direction of the Han-ri-ri-ri-ri-ri-si, Gosung-gun.

At the time of night, there was a duty of care to reduce the speed, to live well on the right and the right and the right, and to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim D(W, 77 years old) who was under way on the front road of the front bank by negligence, and did not discover the victim D(W, 7 years old) and was in the front part of the passenger car of the defendant.

Ultimately, at around 18:17 of the same day, the Defendant caused the death of the victim in the emergency room of the Masung-gun E Hospital, Sungsung-gun, Kim Jong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A traffic accident report;

1. On-site photographs of traffic accidents;

1. Protocol of inspection;

1. The application of Acts and subordinate statutes to requests for an appraisal, reports on autopsy and appraisal;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the fact that there is no previous conviction against the defendant, and that the negligence of the victim seems to have been contributed to the occurrence of the instant accident, and that the defendant agreed with the bereaved family members of the victim smoothly) of the Act on the Suspension of Execution [the scope of recommendation] of the Special Mitigation Zone (2 to 10 months) [Special Mitigation Zone] [Special Mitigation Zone (2 to 10 months]] where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage, no penalty (including efforts to recover damage) [the decision of sentence] of the imprisonment without prison labor for six months.

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