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(영문) 창원지방법원 2021.03.12 2020고단3815
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving a low-priced car.

On October 3, 2020, the Defendant driven the above car at around 12:32, and proceeded along the three-lane of the 3-lane of the apartment road in front of D in Kimhae-si, Kimhae-si, along the three-lane of the 3-lane of the 3-lane.

At this point, there was a center line of yellow solid lines, so in such a case, there was a duty of care to prevent accidents from breaking the center line by accurately manipulating the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and got the full part of the victim E ( South, 39 years old) who was proceeding on the opposite side due to the negligence committed by the central line, and was in the front part of the FCR600 RR driving by the Defendant as the front part of the said car.

Ultimately, the Defendant by such negligence sustained injury to the victim G (V, 56 years old) who was on board the said car, such as cerebral roat, etc. without any wound in two open areas where the number of days of treatment can not be known, and the victim H (V, South and 53 years old) suffered injury to the cropum dye, etc. requiring approximately two weeks of treatment, and at the same time, at the emergency room of the J Hospital located in Kimhae-si I on the same day, the victim suffered from the dysty long-term injury to E.

Summary of Evidence

1. Statement of the police statement to K by the defendant in the court;

1. The application of Acts and subordinate statutes to a survey report, field map of a traffic accident, photograph of the scene of an accident, body inspection report and major death report, postmortem certificate, emergency medical certificate, internal investigation report, and investigation report;

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

1. Selection of a credit cooperative for the option of a punishment under Articles 40 and 50 of the Criminal Act;

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

1. The defendant's negligence with the reason for sentencing Article 62-2 of the Criminal Act of the community service order.

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