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(영문) 창원지방법원 2013.06.04 2013고단211
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 K5-car.

On December 14, 2012, the Defendant driven the above vehicle at around 00:10,00, and came to go to the village of the monthly village from the direction of the village by blocking the first road in front of 101, which is divided into the 101-lane of the Gyeong-si, Kimhae-si.

There is a duty of care to prevent accidents in advance by properly operating the steering gear and brake system by complying with the speed limit and properly examining the movement of pedestrians, because the speed of restriction is not more than 50 km per hour and the victim C (28 years of age) gets at the front of the road in the front of the road on the same side as the above vehicle.

Nevertheless, the Defendant neglected this and found the victim at a speed exceeding 95 km per hour due to negligence going beyond the speed of 95 km and failed to avoid it, thereby receiving the victim from the right side of the said car.

Ultimately, the Defendant caused the victim’s death due to the above occupational negligence by causing the victim’s injury to two parts due to the preceding two parts in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished once by a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and that the Defendant’s negligence and the serious result of death of the victim have occurred is disadvantageous.

However, the fact that the defendant has led to an offense and is against himself.

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