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(영문) 창원지방법원 진주지원 2015.10.07 2015고단731
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 car of Coinado sports cargo.

On June 17, 2015, the Defendant driven the above cargo vehicle around 17:00 and proceeded at the intersection of the private distance in front of the funeral hall of the D Hospital Hospital in Jinju City, at the speed of about 40km from the ewing Zone to the private distance of the telephone station at the speed of about 40km.

Since there is an intersection that does not regulate traffic, the driver of the motor vehicle has a duty of care to safely proceed with the driving of the other motor vehicle while emphasizing the side and paying attention to the driving of the other motor vehicle.

Nevertheless, the Defendant neglected this and found it late after the victim E (the aged 78) who was driving on the right side from the left side of the progress direction due to the negligence in the course of duties entering the intersection without properly examining the right side before entering the intersection. However, the Defendant did not avoid this, but did not receive it and did not cut off the victim's two-wheel side of the victim's two-wheel side on the left side of the cargo of the Defendant, thereby falling off the victim's three meters ahead of the shock point.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the Gannam University Hospital, which was undergoing the follow-up treatment around 07:31 on June 26, 2015, at the Gannam University Hospital, Gannam-ro 79, Gannam-si, Jinnam-si, Gannam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, and death diagnosis reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria [decision of types] traffic accidents (special mitigation] and the punishment or non-prosecution (the scope of recommending punishment] of traffic accidents, and imprisonment without prison labor for not less than four months but not more than ten months;

2. The decision of sentence is that the defendant is the death of the victim due to driving negligence.

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