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(영문) 창원지방법원 통영지원 2015.09.03 2015고단589
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for 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 a BMW car.

On April 6, 2015, the Defendant operated the said car at a speed of about 98 km in the speed of speed, depending on the two-lanes of the two-lanes, the national highway No. 14, which was in Yong-Nam, at the time of common use, was driven by the Defendant at a speed of about 14 km, depending on the two-lanes of the two-lane roads.

At the time, there was a flow of the front door door door door door door door door door door door door door door door, and there was a speed of 64 km speed in speed speed of 20% speed, and there was a safety zone installed at a one-lane, so it is necessary for drivers to reduce speed to those engaged in driving duty and to check the front door door well, and to enter a zone that is prohibited from entering by safety signs such as a safety zone.

Nevertheless, the Defendant did not find out the movement of the above Orala into the safe zone due to the negligence of breaking the safety zone in order to overtake the victim C(68 years old) driving prior to the same direction, and did not find out the movement of the above Oralab into the safety zone due to the negligence of moving the safety zone without speed. The Defendant received the left-hand part of the above Oralab in the right-hand part of the said vehicle, and caused the victim to go beyond the floor.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the course of receiving treatment at the Gannam University Hospital located in Jinju-ro 79, Jinju-si on April 6, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] of the General Traffic Accidents Act (Death resulting from Traffic Accidents, etc.) shall be the mitigated area ( April to October).

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