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(영문) 창원지방법원 통영지원 2015.04.30 2015고단227
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 cargo vehicle B or B in freezing II.

At around 14:20 on December 9, 2014, the Defendant, by his occupational negligence, failed to discover the victim C (nick, 87 years of age) who walked on the right side from the running direction to the south Livestock Cooperative while driving the above vehicle and driving the front road of the Sungwon Apartment apartment in the south-do, through through through the city of Young-do, and neglecting the duty of the Jeonju City to turn left the right from the direction of the use of the chemical shooting distance, caused the Defendant to go beyond the front part of the said cargo vehicle.

Ultimately, at around 17:53 of the same day, the Defendant caused the victim to die with severe cerebral cerebral cerebral cerebral cerebrala, which was under treatment by the Samsung Changwon Hospital at Samsung Changwon Hospital at KRW 158 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report and death diagnosis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents (Type II (Type IV to October) (including special mitigations), the area of mitigation (including serious efforts to recover from traffic accidents), the area of mitigation (including decision of a sentence], the area of punishment not having any specific criminal record other than a fine, the victim's bereaved family members and their bereaved family members have agreed smoothly with the victim, and the fact that the victim's mistake is divided and seriously reflected;

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