(영문) 창원지방법원 통영지원 2013.05.02 2013고단28

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자간(%)

(영문) 창원지방법원 통영지원 2013.05.02 2013고단28

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 drives Cone Star Co., Ltd.

At around 18:30 on November 12, 2012, the Defendant driven the above van, and proceeded at a speed of about 80 kilometers in speed from the 14th national highways of the Jinsung-gun, Jinsung-gun to the air-section Do through the air-section 80 kilometers in speed.

At night, in such a case, the driver of a motor vehicle had a duty of care to accurately operate the steering gear and operation of the steering gear and the steering gear while driving the motor vehicle on the front side and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and neglected it, caused the victim D(the age of 48) to die on the left side of the same direction as the central separation zone in the front left side, and caused the victim to die on the two frameworks of the two sides and the left side of the two sides at the site.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on the Selection and Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order, the defendant is recommended to be sentenced to two to ten months or ten months of imprisonment without prison labor for the defendant (in cases where a victim was found to have a considerable fault in the occurrence of a traffic accident, "the victim is deemed not to have been punished" as the grounds for special mitigation). The above special mitigation grounds, the defendant's age, family relationship, and circumstances after the crime, etc. shall be determined by comprehensively taking into account all the factors

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