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(영문) 창원지방법원 마산지원 2018.11.13 2018고단882
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who is engaged in driving duties of K7 cars.

On July 24, 2018, the Defendant driven the above car at around 20:25, and driven the road near the new village located in the northwest-gun, Gyeongnam-gun, Gyeongnam-gun, to the seat of the northwest-gun of the Highway.

At night, the Defendant is at night and at that time, prior to the same direction, the Defendant had a duty of care to see the situation, to prevent accidents by accurately manipulating the steering gear, and to prevent accidents in advance by accurately manipulating the steering gear.

Nevertheless, the Defendant concealed the back part of the Defendant’s vehicle with the front part of the Defendant’s vehicle, by neglecting the Defendant’s duty to see the right side of the Defendant’s vehicle by looking at the Defendant’s vehicle.

Ultimately, at around July 24, 2018, the Defendant: (a) caused the victim C to die by occupational negligence; (b) at Samsung Changwon Hospital located in Samsung Changwon Hospital located in Samsung 158, which was under treatment for transmission after the end of July 24, 2018; and (c) caused the victim D (V, 76 years of age) who was accompanied by the victim C’s horse at the time of the horse transport; and (d) around July 24, 2018, the victim D (V, 76 years of age) who was accompanied by the victim C to “long-term damage” in the emergency hospital located in the Changwonwon-si E, Changwonwonwon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a death certificate issued to C;

1. A body death certificate for D;

1. A survey report on the actual condition of a traffic accident, and photographs of the scene, accident vehicles, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph by cutting a black stuff);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against D with a heavier penalty);

1. Selection of a fine for negligence;

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