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(영문) 창원지방법원 마산지원 2014.08.12 2014고단376
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 who is engaged in driving a car in a SP area B.

On November 27, 2013, the Defendant driven the above car at around 20:20 on November 27, 2013, and proceeded one way in front of the GSS station located in the Haak-gu, Haak-gu, Haak-gun, Haak-gun, in the Si/Gun north-Myeon.

At the time, as a night, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the steering boat, the left and right, and the steering gear, and accurately operating the steering boat and brake system.

Nevertheless, the Defendant neglected this and proceeded in as it is, due to the negligence, led by C according to the right side road of the running direction of the car in Madle, followed by the left side part of the bicycle, followed by the victim D (the age of eight) who walked on the front side of the car, and got the victim beyond the floor.

Ultimately, the Defendant caused the victim D’s death due to the foregoing occupational negligence, such as a decrease in the volume of blood caused by blood transfusion at the 50 Samsung Changwon Hospital, Changwon-si, Masan-si, Masan-si, which was being treated after-the-job care at around 22:0 on November 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site photographs of traffic accidents;

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

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 of the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type II (Crime of Automobile Accident Death, etc.) [Special Mitigation] Punishment and Non-Voluntary (including efforts to recover from damage] [Determination of the sentenced sentence] of the Accident of this case, the result of the death of the victim of this case is unreasonable, but the defendant agreed with the bereaved family of the victim, the vehicle of the defendant was covered by comprehensive insurance, and the defendant's mistake.

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