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(영문) 창원지방법원 통영지원 2017.08.24 2017고단795
교통사고처리특례법위반(치사)등
Text

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

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

The defendant is a person who is engaged in driving a Cenz motor vehicle.

On April 5, 2017, the Defendant driven the above car at around 21:45, while driving it, the Defendant continued to drive one lane from the Docheon-dong to the Dacheon-dong high school.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle in the front and the motor vehicle in the safe manner.

Nevertheless, the defendant neglected this and caused the victim to go over the floor by taking the victim D( South, 17 years old) driving EW125 Oba in the front part of the defendant's driver's vehicle, which was going over the upper part of the defendant's driver's vehicle, and due to the shock of the above Obaba, the victim FF (F, South, 39 years old) driving while driving the vehicle at the lower part of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim F by occupational negligence to the victim F, which requires approximately two weeks of medical treatment. At the same time, around April 6, 2017, around 00:25, the Defendant caused the victim D to death by an inter-rupture and inter-satis in the emergency room of the Busan National University Hospital located in Seo-gu, Seo-gu, Busan National University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. A report on the occurrence of a traffic accident, an on-site map of a traffic accident, and an investigation report on actual condition of a traffic accident;

1. A photograph of the scene of the accident and a photo of the dead body;

1. Application of Acts and subordinate statutes to death certificates and diagnostic certificates;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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