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(영문) 창원지방법원 통영지원 2016.01.06 2015고단1080
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 17, 2015, the Defendant operated the 14th national highway 14th national highway No. 14th national highway No. g. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. c. c. c. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.

However, the Defendant neglected this and went to the left at a three-lane, a two-lane, and proceeded directly from the opposite one road.

D Driving, the part on the side of the driver's seat of the last car was shocked by the front part of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim F(F, 59 years of age) who was on board the right side of the last passenger vehicle at a university hospital at around 17:23 on the same day due to the foregoing occupational negligence, and caused the death of the victim F (F, 59 years of age) with thirropical cerebral cerebrovas and with a plessis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1 and 2 times with respect to D;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a reply note;

1. A death certificate;

1. A written agreement;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of the recommended punishment] shall not be punished in the area of mitigation (from April to October) (the area of mitigation of traffic accidents in the range of special mitigation];

2. Determination of sentence - Determination of unfavorable circumstances: The fact that the defendant's negligence going against without considering the traffic situation of the opposite part is large, the result of damage caused by death also heavy;

- favorable circumstances: The occurrence of a result that the damaged vehicle has passed through the intersection in excess of the prescribed number of passengers.

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