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(영문) 창원지방법원 2014.12.23 2014고단2097
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On May 28, 2014, the Defendant, who is engaged in driving of the YT (YT) 253, was driving the said vehicle at a speed of about 5 km from among the 7 lines in the PNC PNC, the Defendant was driving the said vehicle to the Jingu New Port Co., Ltd. at Changwon-si New Port Co., Ltd. at a speed of about 5 km.

As the above seating is being conducted to load up containers loaded on a ship and examine them, there was a duty of care to check the safety of the course by checking well the right and the right of the driver of the twitler.

Nevertheless, the Defendant failed to discover the victim C(34 years of age) who was engaged in container inspection at the front section by negligence while driving a stroke, and received the victim's gate, such as the above victim, etc., due to the Defendant's gate, and caused the victim to die at the heart during the emergency escort at around 01:23 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written autopsy, and photographs of victims of the autopsy;

1. A traffic accident report and a traffic accident report;

1. Application of the Acts and subordinate statutes concerning photographs by taking on-site photographs and CCTV images;

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. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of recommendations based on the sentencing criteria - The basic area for causing traffic accidents: Imprisonment without prison labor for August to June; and

2. Circumstances in light of the favorable circumstances - The name of the patient in the form of reflectivity, the name of the patient in the form of a waste cancer, the number of children of the child in the form of a wound, the number of the family members of the victim's final declaration of intention to be the victim's bereaved family members, the civil compensation for the victim's bereaved family members has been made, the victim's deposit of KRW 15 million for that purpose, the victim's absence of a previous record - The occurrence of the death result, the agreement was made in the process of the agreement, but

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