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(영문) 창원지방법원 거창지원 2016.11.02 2016고단372
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 19, 2016, at around 14:35, the Defendant proceeded with a high-income village near a high-income village located in the south of the Gyeongnam-gun at night on the surface of the water.

At this point, there was a duty of care to prevent accidents by thoroughly operating the driver of the motor vehicle and accurately manipulating the steering gear of the motor vehicle in the form of a bend line with the center line of the yellow-ray.

Nevertheless, the Defendant neglected this and led the Defendant to the front part of the victim C(the age of 66) driver's vehicle in the opposite direction at the time of the operation of the center line due to the negligence of driving the center line.

Ultimately, at around 15:50 on the same day, the Defendant caused the victim C to die due to heart, organ damage, etc. at the F Hospital located in Chang-gun, Chang-gun, Chungcheongnam-gun, and at the same time caused the injury to the victim G (V, 60 years of age) who was accompanied by the cargo vehicle at the same time, for about seven days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An investigation report (Attachment, etc. of a medical certificate, etc. of victim G);

1. Application of Acts and subordinate statutes of a death certificate;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no previous conviction or heavier than that of the same subparagraph and the suspended execution, and the fact that he has agreed with the victim);

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