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(영문) 창원지방법원 2018.11.08 2018고단2337
교통사고처리특례법위반(치사)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car at Denz GLE350d.

On June 5, 2018, the Defendant driven the above car at around 19:10, and driven the F cafeteria in Kimhae-si, the Defendant driven the car at around 102 km from the CC to the NA.

It is a road with a speed of 60 km per hour, and the center line of yellow solid lines is installed, so a person engaged in driving service has a duty of care to observe the speed limit, to thoroughly see the front-time and to safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and went on the opposite vehicle due to the negligence of driving the said cream at a speed exceeding 42 km per hour in order to overtake the said cub vehicle on the part of the victim G (56) driving, and due to the negligence of driving the said cub vehicle on the center line, received the front part of the said cub vehicle on the front part of the said cub vehicle, and received the front part of the said cub vehicle on the part of the victim G, where the said cubs stand on the right side by the said cubs.

Ultimately, the Defendant caused the death of the victim I from the above occupational negligence, i.e., the collision with the victim I, and at the same time suffered injury to the victim G, such as salt pans and tensions and tensions in need of approximately two weeks of treatment for the victim G, and suffered injury to the victim K (39 years of age) who was taking advantage of the above coo vehicle for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A traffic accident analysis and appraisal report;

1. A corpse death certificate;

1. A medical certificate (G, K);

1. Application of Acts and subordinate statutes governing the scene of an accident, images of an accident;

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant legal provisions concerning criminal facts.

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