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(영문) 창원지방법원 진주지원 2018.05.15 2018고단40
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

On October 1, 2017, the Defendant was a person engaging in driving a B-car, driving the said car around 04:20 on October 1, 2017, and driving it along the two-lanes of the four-lanes between the 19.8km and the 89.8km away from the Busan Sea area of the Highway to the Busan Seaside.

At the time, it was difficult to set up before sunrise, and there was a section designated as a speed of 100 km per hour, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as complying with the speed of restriction, checking the right and the right, properly operating the steering and steering gear.

Nevertheless, while the Defendant neglected this and proceeded with a limited speed exceeding 34 km per hour, the Defendant was found to be able to drive a motor vehicle of sofried by the victim C(31) with the central separation zone and stop on the two-lanes, and then immediately find out the Defendant’s vehicle from the Aburged motor vehicle and received the victim on the expressway in front of the right side of the Defendant’s motor vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence due to the same day's chest damage.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C or D;

1. E statements;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Photographs related to accidents;

1. A death certificate;

1. A detailed statement of the processing of reported cases;

1. A report on internal investigation (the analysis of camblings for motor vehicles driving by changeers);

1. A report on internal accidents;

1. A report on internal investigation (the state of victim after the first accident);

1. A report on internal investigation (the difference between the primary accident and the secondary accident time);

1. Response to a request for support at the scene of a traffic accident;

1. Investigation reports (the point where the victim's final fall);

1. Determination of the Defendant’s assertion of traffic accident black records and video data CDs is based on no occupational negligence, or between occupational negligence and the victim’s death.

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