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(영문) 창원지방법원 진주지원 2015.09.23 2015고단521
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 Cnua car.

On January 27, 2015, the Defendant driven the said car on January 23:15, 2015, and proceeded at approximately 79.1km each hour at a speed of 79.1km from the desired intersection to the 10-lane road in front of the “E” coffee store at Jinju City.

At the time, night and at the same time, the front door was cross-sections in which crosswalks are installed. In such a case, there was a duty of care to ensure safe operation by accurately manipulating the steering direction and brakes while driving a motor vehicle, driving a motor vehicle, driving a motor vehicle, and paying attention to pedestrians.

Nevertheless, the defendant neglected this and proceeded with the victim F(45 years old) with the front side of the vehicle of the defendant, which was a victim F(45 years old) who was standing on the top of the right side of the defendant's movement from the occupational negligence that the defendant proceeded with without looking at the front side.

Ultimately, the Defendant suffered double injury from the victim due to the foregoing occupational negligence, and as a result, around 01:25 on January 28, 2015, the Defendant caused the death of the victim from brain death at the Gyeongju-dong Hospital located in Jinju-dong.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and comprehensive analysis of traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes to each photograph, black boxes, and video CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution has resulted in the severe result of the death of the victim due to driving negligence, but the liability for the crime is not minor. However, the fact that the defendant reflects his criminal act, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the defendant is the victim's bereaved family.

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