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(영문) 창원지방법원 마산지원 2016.01.26 2015고단1071
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 of a fwing cargo vehicle B.

On October 20, 2015, the Defendant, at around 18:50, proceeded at a speed of about 40 km from the side of the body of the persons in which it is located at the time to the bus terminal outside the Msan, a speed of about 50 km from the 3:15-lane of the Masan-si, Simsan-si, Simsan-si, Simsan-si.

At the time, as a driver of a motor vehicle after sunset, he/she had a duty of care to prevent accidents in advance by safely driving his/her motor vehicle while keeping his/her right on the front side well.

Nevertheless, the Defendant did not discover the victim C (W, 64 o) who cross the vehicular road to the port from the right side of the Defendant’s running direction by neglecting his/her duty and neglecting his/her right side, and was placed the victim at the right side of the freight gate and the front side of the freight gate of the Defendant.

Ultimately, around October 20, 2015, around 20:57 on October 20, 2015, the Defendant caused the death of the victimized person who was receiving treatment at Samsung Changwon Hospital located in Samsung Changwon Hospital located in 158, a 158-ro for selling the members of Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommendation] of the suspended sentence of punishment under Article 62 (1) of the Criminal Act; six months of imprisonment without prison labor and two years of suspended sentence, considering that the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage even if the victim was involved in the area of special mitigation (two months to ten months).

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