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(영문) 창원지방법원 진주지원 2016.08.09 2016고단461

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On October 7, 2015, the Defendant driven DMW car at around 18:32, and continued to drive the DMW car at approximately KRW 73 km per hour, from the beginning of a new road adjacent to the intersection, which is located as the stiff in Sacheon-si, at the stiff-si border.

At night, there was a duty of care to prevent accidents in advance, such as the failure to see the speed and the accurate operation of the brake system while complying with the speed of the restriction, because there was a section of the passage at the speed of 60 km per hour.

Nevertheless, the Defendant neglected this and proceeded with the restriction speed exceeding 13 km speed as above, and found the victim E (e.g., 72 years old) who walked in front of the direction of the Defendant’s vehicle moving ahead of the direction of the Defendant’s vehicle moving back, but did not avoid it, and was placed on the right side and face of the victim’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Gannam University Hospital located in Jinnam-ro 79, Jinju-si, Jinju-si, Ginnam-ro, 20:03.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes by means of a survey report, death certificate, and analysis of the speed of traffic accidents;

1. Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Articles concerning criminal facts;

1. The reason for the sentencing of Article 62(1) of the suspended sentence under the Criminal Act was that the instant accident was occurred while the victim was coming to a new four-lane road due to the passage of the line between the two national highways and the two-lanes of the national highways (e.g., border line) while returning to Korea after the completion of mountain.

There was no delivery on the entrance road, and there was only a narrow side of the roadway and the roadway, and the victim was standing on the roadway.

Although the negligence of the defendant who neglected the previous city at the time of the occurrence of the accident, the driver's negligence has become a critical cause for the occurrence of the accident, there is almost little communication of people at the time of the fish bank damage.