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(영문) 창원지방법원 2015.05.12 2014고단3540
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of C-III cargo vehicles.

On December 1, 2014, at around 12:02, the Defendant was negligent in performing the duty of care to enter the cirropic cirropic cirr of a two-way intersection without a signal signal, etc. from the front right side of the said two-way 317-4, Gannam-si, Kim Jong-si, in a manner that he neglected to perform the duty of care to enter the cirropic cropic cirr while driving ahead of the intersection to the front right side of the said vehicle, and caused the victim D (58 years old) to go left from the front right side of the said vehicle to go beyond the floor.

Ultimately, around 19:45 on the same day, the Defendant caused the death of the victim due to brain injury at the East Asia University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A investigative report (Attachment to the closure data ofCCTV image);

1. Application of Acts and subordinate statutes of a death certificate;

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. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] where there is a considerable negligence in the occurrence of a traffic accident or the expansion of damage to a victim (special mitigation) even though the area of mitigation of a traffic accident (of April to October) Part II (Special Mitigation) (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution [Pronouncement Decision] 4 months without prison labor, 1 year of suspended execution (Article 62 (1) of the Act

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