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(영문) 창원지방법원 거창지원 2013.09.25 2013고단198
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 motor vehicle by borrowing the motor vehicle.

At around 21:00 on June 4, 2013, the Defendant driving the car at a speed of about 86 km from the surface of the west-si to the west-gun indoor gymnasium, which is located in the Marii-gun, Chang-gun, Chang-gun.

At the same time, the restricted speed is 60 km per hour, and at the same time, there was a duty of care to prevent accidents in advance by driving safely, such as checking the traffic situation and complying with the restricted speed.

Nevertheless, when the Defendant neglected this and proceeded with the speed exceeding 26 km a speed of 26 km a hour, the Defendant received the back portion of the 100 Oral Sea that the victim D (year 73) drives ahead of the same direction as the left side of the Defendant’s vehicle.

Accordingly, around June 4, 2013, at around 23:24, the Defendant caused the death of the victim due to brain damage caused by double fela, etc. while receiving treatment from a F Hospital located in Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of survey and a report on investigation (on the speed of the feet vehicle);

1. Application of Acts and subordinate statutes of death certificate (D);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant is against the crime of this case, the agreement with the bereaved family members of the victim is reached, and the defendant

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