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(영문) 창원지방법원 진주지원 2016.06.28 2016고단428

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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2016, the Defendant driven B QM5 car around 16:55, and got approximately 100 meters away from the Jinnam-gun, Hannam-gun, Jinnam-gun, to the Jinnhae-gun, the two-lanes away from the Jinnam-gun, and the two-lanes away from the Jinnam-gun to the Jinnam-do.

At the time, the victim C(73 S) was driven by the driver in the front line of the vehicle running, and thus, the driver had a duty of care to thoroughly operate the steering gear and brakes of the vehicle and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and did not discover the victim while driving a stroke, and did not do so, the part on the rear loaded part of the above stroke is the front part of the above QM5 car and caused the victim to fall on the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the emergency room of the Gannam University Hospital located in the Gannam-ro 79, Jinju-si, Jinju-si, on the following day due to the severe shock of blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;