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(영문) 창원지방법원 마산지원 2015.03.03 2014고단1102
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category C high-class trucks.

Around 15:30 on June 28, 2014, the Defendant driven the above truck and proceeded at a speed of about 45.9km in Si/Gun/Eup from the west-do west-do west-gun to the west-gun west-gun west-gun west-gun west-do.

A driver of a motor vehicle has a duty of care to look at the front side and right side of the motor vehicle and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the defendant neglected to perform his duty at the time of the preceding week and found the victim D(83 years old) to turn to the left at the right-side of the U.S. left-hand, and followed the balk immediately, but did not avoid the balk and did not go to the right-hand side of the balkb in the front part of the balb.

Ultimately, at around 05:10 on July 9, 2014, the Defendant caused the death of the victim due to the serious brain cerebral cerebralop, which was being treated by Samsung Changwon Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Investigation report ( On results of the technical analysis of traffic accidents);

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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.) (Class II to October) where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim (Special Mitigation) and Article 62(1) of the Criminal Act, the decision not to punish the victim (including efforts to recover damage) [including the decision not to punish the victim], the victim has a considerable fault, the victim has reached an agreement with his/her bereaved family members, and the minor fine is imposed.

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