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(영문) 창원지방법원 2014.07.18 2014고단637
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 driving a Crens II car.

On January 20, 2013, the Defendant driven the above vehicle at around 19:05, while driving the national highway No. 14 of the celebri ginseng distance 14, which is on the upper side of the road at the speed of string, along the two-lanes of the two-lanes, from the breath section to the breath section. The Defendant, due to negligence, found the victim D (the age of 65) who was walking on the road in the same direction and was negligent in performing the duty of care to drive the breath and the right and the right and the right and the right and the right, was immediately discovered and took urgent action, but did not avoid the action, and received the part of the victim's bridge

Ultimately, the Defendant suffered from serious injury, such as 12 weeks or more, due to the foregoing occupational negligence, and caused the victim to die due to the suspension of cardiopulmonary cerebral cerebral Bribery in G Hospital around December 23, 2013, when the victim was transferred the E hospital, F Hospital, and G hospital in an unknown state.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 1 to 3, 13 to 18, submitted by the prosecutor

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] is the case where the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to ten months) (including special mitigation) of types 2 of general traffic accidents (the occurrence of traffic accidents), the victim is not subject to punishment (including efforts to recover damage), the decision of sentence] comprehensive motor vehicle insurance, the purchase of a comprehensive motor vehicle insurance, the fact that the defendant was punished for the same kind of crime in the past, the defendant has no record of criminal punishment since 1981, and the fact that there is no record of criminal punishment.

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