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(영문) 창원지방법원 밀양지원 2015.02.26 2014고단503
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the drive of freight B.

around 18:40 on October 8, 2014, the Defendant proceeded at a speed of about 70 km from the right side to the right side of the road near the D stations located in C, and at the speed of about 70 km from the right side to the right side of the water.

At that time, the de facto yellow line is a two-lane road from which the de facto yellow center line was used to proceed in the same direction, while the victim G was driving a unregistered motor vehicle in the median line to the opposite direction. Therefore, a person engaged in driving a motor vehicle has a duty of care to maintain the distance with the motor vehicle driving, maintain the distance from the motor vehicle driving, and drive the motor vehicle without harming the central line.

Nevertheless, the Defendant, while neglecting the duty of the front time, went ahead by the center line while neglecting the duty of the front time, caused the traffic accident involving the front part of the said motor vehicle in front of the said motor vehicle, and the said motor bicycle is dissatisfed by the opposite road due to its shock, and the victim towing the said F motor vehicle down to the lower part of the said motor vehicle, leading the victim to shock on the road, thereby causing the victim's death by two alleys and cerebrs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of H and E;

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

1. A written result of autopsy and postmortem examination;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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