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(영문) 창원지방법원 2015.04.28 2014고단3459
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

The Defendant is a person who is engaged in driving freight B and B.

On October 22, 2014, the Defendant driven the above cargo vehicle on October 10:22, 2014, and proceeded at approximately 70 km from the Changbu Police Station at the right angle of the name of the window in Changwon-si, the third-lane road in front of 40-11, the third-lane road in front of Changwon-si.

Since a crosswalk is installed on the front door and the passage of pedestrians is frequent at the time, in such a case, a person engaged in driving the motor vehicle has a duty of care to prevent accidents, such as taking into account the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, by negligence in the course of business, the Defendant neglected this and proceeded without reducing speed without properly examining the right and the right and the right and the right and the right and the victim C (the age of 89) who walked on the crosswalk from the left side of the running direction of the Defendant was transferred to the road signal even after the walking signal was changed to the road traffic signal, which led to the death of the victim due to second damage on the right side of the said cargo at the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

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 of the suspended sentence [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to victims (special mitigation) within the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage), not subject to punishment (including decisions of sentence] [the decision of sentence] six months, one-year suspension of execution, and agreement.

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