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(영문) 창원지방법원 2015.10.08 2015고단1799

교통사고처리특례법위반

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

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

Reasons

Criminal facts

The Defendant is a person engaging in driving a rocketing car.

On January 5, 2015, around 07:50, the Defendant continued approximately 200 km away from the Jinju to the Minsan-si of the two national highways, which was in progress in Minsan-si, the two parallels of the movable property of the national highways, from the Jinju to the Minsan-si.

At the time, it was difficult to sleep the surface due to a sleep caused by an open dog, and there was a sign in the vicinity of the open dog, such as the “open house broom broom broom broom broom broom broom broom broom broom broom broom broom broom broom brooms” and the road was slick upon the passage of the door, and there was a place where the road should slick at the open section, and the fire fighting car sent to the front of the road was a stop on one road.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by driving the motor vehicle to the extent that it can immediately stop and driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as is without speed while neglecting the speed on the front side, and found and immediately hit the fire-fighting vehicle which was stopped on the front side. On the wind, the Defendant was the victim D (W, 53 years old) who was moving the said vehicle to the side with the two-lane due to the ice of the surface of the road and was under the control of the accident before the fire-fighting vehicle.

The Defendant caused the death of the victim by occupational negligence due to cerebral injury in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement in the occurrence of each traffic accident in F and G preparation;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 of the Criminal Act: