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(영문) 창원지방법원 통영지원 2014.08.27 2014고단504
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 car in a SP area.

On February 25, 2014, the Defendant operated the said car at a speed of about 60 km from the click-distance to the East-gun metropolitan metropolitan zone at the speed of about 77 km of the previous village hall to the East-gun metropolitan street.

In this case, the defendant, who is engaged in driving duty, has a duty of care to see the front door well and accurately manipulate the steering gear and prevent the accident from spreading.

Nevertheless, the Defendant neglected this and was driven by the victim D(the age of 38) who was driving in the opposite part of the center line due to the negligent negligence, and was driven by the victim D(the age of 38).

Ultimately, at around 20:40 on the same day, the Defendant caused the death of the victim by brain ties and the blood transfusion from the two mouths in the F Hospital located in the Changwon-si Si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to a comprehensive analysis report on the occurrence of a traffic accident, each actual survey report, an accident site photograph, an autopsy record, a site photograph of a traffic accident, and a comprehensive analysis report of the Road Traffic

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Motor Vehicle Accident Death, etc.) [Special Mitigation] Punishment not (including efforts to recover damage] [Pronouncement Decision], but the result of the death of the victim was occurred due to the accident in this case. Meanwhile, the defendant led to confession of and reflect against the crime in this case, and the vehicle driven by the defendant.

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