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(영문) 창원지방법원 진주지원 2015.04.28 2015고단83
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

Punishment of the crime

The defendant is a person who is engaged in driving a Cren car.

On June 7, 2014, the Defendant driven the said car at around 20:40, and continued to drive the said car along the intersection of the bamboo death distance in Sacheon-si, Sacheon-si, Sacheon-si, along the way from the sacheon-si to the sacheon-si Port.

At the time of night and there was a yellow flickering on and off the front door, so the driver had a duty of care to reduce the speed prior to entering the intersection and to pay attention to road conditions and prevent accidents in advance.

Nevertheless, the Defendant neglected this and continued to enter the intersection without reducing speed, and failed to properly operate the steering direction and brakes, and caused the victim D(63 years old) who crosses the road from the left side of the Defendant’s driving direction to the right side of the road.

Ultimately, at around 10:28 September 5, 2014, the Defendant caused the death of the said victim by occupational negligence due to water supply circulation, etc. while receiving treatment from the Gannam University Hospital located in Jinnam-si, Jinnam-si.nam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate or death certificate;

1. Application of Acts and subordinate statutes of a traffic accident report, each traffic accident report, the ledger of driver's licenses for motor vehicles, and the register of chassiss;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: From one month to five years of credit cooperatives;

2. The range of recommendations according to the sentencing guidelines [decision of types] shall be limited to traffic crime group, general traffic accident group, type 2 (Death resulting from Traffic Accidents) [including efforts to recover damage] punished (including serious efforts to recover damage] (the scope of recommendations] from April to October (the scope of mitigation).

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