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(영문) 창원지방법원 2016.04.07 2015고단3458
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a Bran vehicle.

On October 22, 2015, the Defendant proceeded along the three-lane road in front of the D Company, which is located in Sungsan-gu, Sungwon-si, Sungwon-si, Sungwon-si, in accordance with three-lanes from the south distance to the south distance.

At the time, a crosswalk is installed at night and at the front, so there was a duty of care to check whether a person engaged in the driving of a motor vehicle is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the road and to drive the motor vehicle safely.

Nevertheless, the defendant neglected this and got the victim F(70) who was a victim F. (70) who was standing a crosswalk to E company from the side of D company due to negligence, to go beyond the road by taking the front side of the bicycle driving in front of the said car.

Ultimately, the Defendant caused the victim to die by occupational negligence on November 21, 2015 at Busan National University Hospital located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents Type 2 (Death, etc. by Traffic Accidents), the mitigation area (4 to 10 months), [including special mitigation persons] a person who is not subject to punishment (including efforts to recover damage), [limited to imprisonment without prison labor] 8 months, suspension of execution 2 years (in violation of the law, agreed fact, agreement, beginning fact, etc.), etc.

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