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(영문) 창원지방법원 진주지원 2016.04.06 2015고단1161
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 DN car.

On October 9, 2015, the Defendant driven the above car at around 17:31 on October 17, 2015, and proceeded ahead of the road in front of the South-west Sea E in the vicinity of the private village.

In this case, a person engaged in driving service has a duty of care to confirm and drive the career safety by properly examining the right and the left.

Nevertheless, the Defendant neglected this and failed to perform the duty at the front of the vehicle and caused the victim to go beyond the road due to the shock of the victim F (F, 73 years old)'s bridge part which crosss to the right side from the left side of the running direction by negligence.

On October 9, 2015, around 20:56, the victim died with low-blood shock cream, while receiving treatment at the Gannam University Hospital located in 79, Gangnam-gu, Jinnam-do.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, each traffic accident report (2) (2) (1) (1) (1) (1) (1), and a traffic accident report;

1. A death certificate;

1. Application of the relevant laws and subordinate statutes to relevant photographs, black booms CDs

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

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

1. The scope of sentences recommended on the sentencing guidelines [the types of decisions] traffic accidents resulting in [the special mitigation factors] punishment, non-permanent (the scope of recommended sentences] of imprisonment without prison labor for not less than four months but not more than ten months;

2. In light of the fact that the sentencing decision of the instant traffic accident results in the serious result of the victim’s death, the Defendant’s liability for the crime is not minor;

However, the defendant reflects his crime, the defendant's driving vehicle is covered by the comprehensive motor vehicle insurance, and the defendant is the bereaved family of the victim.

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