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(영문) 창원지방법원 통영지원 2015.01.09 2014고단906
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

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

On September 15, 2014, the Defendant driven the above car at a speed of 07:49, and proceeded at a speed of about 60km per hour from the Jinsan-ri Seaside, which is located one-lane road in C at a macro-si, to the macro-gropic intersection.

At this point, there are pedestrians crossing the direction of the defendant's proceeding, and thus, there was a duty of care to reduce speed to those engaged in driving service and thoroughly manipulate the steering gear and brakes to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and found the victim E (the age of 81) who is crossing on the left side from the right side of the course to the left side due to the negligence of the defendant's failure to stop it, and applied a sudden operation to avoid this, but did not avoid it, and did not go against the victim's left side part of the passenger car of the defendant's passenger car, and took up the victim's vehicle on the road.

As a result, the Defendant caused the death of the victim due to the above occupational negligence due to the pulmonary mar and serious pulmonary damage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and replys for the analysis of traffic accidents;

1. A death certificate;

1. Application of statutes on site photographs;

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

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the reason for sentencing under Article 62(1) of the suspended sentence is recommended to the Defendant for four to ten months of imprisonment without prison labor (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006). The Defendant’s instant crime results in a significant result of the victim’s death, which is disadvantageous to the Defendant.

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