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(영문) 창원지방법원 밀양지원 2017.11.30 2017고단316
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 engaging in driving Cunst Motor Vehicle.

around 12:55 on September 26, 2015, the Defendant was driving the said vehicle without the driver’s license of the said vehicle, and was driving the first lane to Daegu, among the two-lanes of the inland highways, where the vehicle was in the parallel of the Gyeongnam-gun and the Eup was in the parallel of the Gyeongnam-gun.

Since vehicles on the front side of an expressway were driven slowly due to traffic accidents, there was a duty of care to reduce speed to those engaged in driving service and properly operate the steering and steering system and to safely drive it.

Nevertheless, the defendant neglected this and did not keep a speed, and left the road to avoid the collision with the vehicles in the frontway, and the above vehicle was restored to the road.

As a result, the Defendant caused the injury to the victim D, 24 years old who was on board the said vehicle due to the above occupational negligence, such as catum salt, etc. which requires approximately 2 weeks of treatment, the victim E, and 25 years old), to the victim E, and the victim F, 30 years old as of the same day, and the victim F, and 30 years old as of the same day, to the H hospital located in G at the window of Changwon-si from the site of the accident at around 13:39.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A death certificate;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and de facto physician), Article 3(1), the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and de facto occupation), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the occupation of an unlicensed driver);

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

1. Selection of penalty;

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