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(영문) 창원지방법원 마산지원 2015.10.28 2015고단773
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives B-II cargo vehicles.

On March 14:50 on March 31, 2015, the Defendant driven the above cargo vehicle and proceeded to the farm road located in the Sindo-Eup, Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-do at the port with about 20km in the direction of Sinsan River in the direction of Sinsan River.

Since there is a private street intersection that connects the access roads to the farm road and the elective village, a person engaged in driving motor vehicles has a duty of care to check whether there is a vehicle crossing by reducing or temporarily stopping the speed.

Nevertheless, the Defendant neglected this and neglected to proceed to the left-hand side of the Defendant’s proceeding direction, and caused the victim to go beyond the ground by shocking the front part of the DNA posters 100cc, which is driven by the victim C, to the left-hand side of the Defendant’s proceeding direction.

On March 31, 2015, around 15:08, the Defendant caused the death of the victim from the spomula hospital located in the Southern-gu Woo-dong Woo-dong 17 at the time of the port by its occupational negligence to the low blood transfusion shock.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Photographs of the accident site;

1. A written request for autopsy of the corpse C;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident investigation and analysis;

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 on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents in April through October) [Special Mitigation] and the area of mitigation (including efforts to recover from damage] [Article 62 (1) of the Criminal Act] (Article 62 (1) of the Criminal Act on the suspended sentence] (Article 8 months of imprisonment without prison labor, 8 months of suspended sentence, 2 years of suspended sentence (Article 62 (1) (Article 62 (1) of the Criminal Act on the suspended sentence; Article

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