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(영문) 창원지방법원 밀양지원 2014.05.15 2014고단68
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On January 22, 2014, the Defendant driven the above vehicle on January 18:25, 2014, and driven the road at approximately 40-50 km from the right side of the artificial intersection to the right side of the west-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

At the time, there is a duty of care to safely operate the vehicle in a safe manner by reducing speed for the driver of the vehicle, and thoroughly reducing the speed for the driver of the vehicle, since it is at night and where the center line of the yellow-ray is installed, the driver of the vehicle has a duty of care to safely operate the vehicle.

Nevertheless, the Defendant neglected this and received the front part of the driver's seat of the car from D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Driving in the opposite direction.

Ultimately, the Defendant caused the death of the victim E (the age of 26) who was on a car driven by the Defendant due to the above occupational negligence, namely, from the tin to the two thrings. The Defendant suffered the injury of the left-hand spacker salt, etc. in need of approximately 2 weeks of treatment, and the injury of the said victim C, such as the light dump salt, etc. in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and C;

1. A report on actual condition, a written autopsy, each medical certificate, and a medical opinion;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The fact that the suspended execution recognizes the crimes under Article 62(1) of the Criminal Act, the fact that the victims have agreed to both, and the fact that the automobile comprehensive insurance is subscribed to; and

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