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(영문) 창원지방법원 2015.04.28 2014고단3418
교통사고처리특례법위반
Text

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

However, 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 the operation of the B Abdol XD car.

On October 23, 2014, the Defendant was driving the said car and driving it on the front side of the “D driving range” located in Kimhae-si, Kim Jong-si, and driving it on the front side of the Kim Jong-si Police Station at the fri-dong-si. On October 23, 2014, the Defendant, in violation of the suspension signal, received the victim E (75 years of age) who was standing in front of the said car in accordance with the suspension signal, and caused the victim to die due to dives from the East Asian University Hospital located in Seo-gu, Busan, Seo-gu, Busan, to death due to the dives externals.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] General traffic accident [Article 62-2] The area of mitigation (Article 2) (Article 4-10 months) [Special Mitigation] and the area of mitigation (including serious efforts to recover from traffic accident] [Article 62-2 of the Social Service Order Act] (Article 10 months of imprisonment without prison labor, ten months of suspended sentence, two years of suspended sentence (Article 62-2 of the same Act, two years

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