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(영문) 창원지방법원 2017.06.21 2017고단605
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

On April 1, 2016, the Defendant, who is engaged in driving of freight vehicles CY III 1 ton, was driving the above vehicle around 09:5 on April 1, 2016, and was driving on the two-lane road at the southsan ICIC road located in the Namsan-si in Yangsan-si at the Yangsan-si, along the two-lane one lane from the southsan IC to the southsan IC at a speed of about 60km.

Since there was a section of an access road to an expressway, in such a case, there was a duty of care to prevent accidents in advance by safely operating the steering boat and the steering system accurately and safely.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim DNA (69) bicycle running from the two lanes of the above road to the first one, and got the victim above the ground floor by getting the victim the front part of the vehicle operated by the Defendant.

Ultimately, around April 1, 2016, around 12:50 on April 1, 2016, the Defendant: (a) caused the victim’s death due to the foregoing occupational negligence, resulting in the death of the victim, such as an external cerebral cerebral cerebral cerebralop from the 20ssan Busan National University Hospital (hereinafter “Seoul National University Hospital”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes on the map and on-site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was punished for a crime related to traffic, and the victim did not reach an agreement with the victim.

However, the defendant is against the defendant, and there is no criminal punishment for the last ten years except when he/she has been sentenced to a fine of KRW 1.5 million due to a violation of the Automobile Management Act in 2012.

In addition, the vehicles operated by the defendant are covered by comprehensive insurance, and about 50 million won.

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