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(영문) 창원지방법원 통영지원 2017.01.11 2016고단1636
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around 12:10 on August 16, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven a CSpo-type car without a driver’s license, and proceeded at a speed of about 70 km per hour at a speed of about 1:0 meters per hour, depending on the height of the two-lane road front D at the time of Tong Young-gu, through a yellow-distance flood range from the yellow-distance flood.

At that time, there was a center line of yellow solid lines, so in such a case, there was a duty of care to safely drive the car and prevent the traffic accident by safely driving the car to the person engaged in driving the automobile.

However, on the ground that the Defendant neglected this and proceeds from the string of the air at the high-sloping slope, the Defendant did not discover the F EF Engine of the victim E(53) driving on the opposite direction due to the negligence of driving the said road, and received the part of the victim’s vehicle ahead of the passenger vehicle.

Ultimately, the defendant caused the death of the victim with excessive trauma in his job due to the above occupational negligence.

2. The Defendant, who violated the Road Traffic Act (unlicensed Driving), driven the C SP-type car without obtaining a driver’s license at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger;

1. A written diagnosis and reply to a request for appraisal;

1. A written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Acts concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person resulting from occupational negligence, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of a person without permission for driving, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria of the Supreme Court shall be set;

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