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(영문) 창원지방법원 2015.07.14 2015고단1204
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 became final and conclusive.

Reasons

Criminal facts

On December 6, 2014, at around 06:20 on December 6, 2014, the Defendant driven a cargo vehicle of B 1 ton, and led to turn to the left at one way among three-lanes of the distribution complex in Changwon-si's counter-dong, Changwon-si.

Since there is a signal signal, a person engaged in driving service has a duty of care to comply with good faith.

Nevertheless, even if the defendant neglected this and did not turn to the left, the defendant's negligence caused the collision between the front part of the Oral-to-face and the rear part of the above cargo vehicle operated by the victim C(51 years of age) who was directly driven under the new subparagraph on the side of the Oral-to-faceh, which was driven by the victim C(51 years of age).

On January 11, 2015, the Defendant caused the death of the victim due to the occupational negligence, resulting in the death of the victim with pulmonary typology around 11:25, while receiving medical treatment at the Busan University Hospital’s Central Patients’ Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

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. 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-10) (Special Mitigation) (including efforts to recover damage), the area of mitigation (including special mitigation) and the area of punishment not (including serious efforts to recover damage) (see, e.g., a decision of sentence] 10 months without prison labor, 2 years of suspended sentence (see, e.g., the agreed point, reflect

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