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(영문) 창원지방법원 통영지원 2015.01.14 2014고단904
교통사고처리특례법위반
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 driving a DNA car.

At around 12:30 on August 2, 2014, the Defendant proceeded at a speed of about 50km from the beginning to the right side of the west of the LPG charging station in front of the GPG charging station, at the speed of about 50km each hour.

At the time, it was difficult to slicked and there was a center line of the yellow-line, so in such a case, there was a duty of care to prevent accidents by thoroughly operating the motor vehicle driving service with the front speed and safely operating the center line.

Nevertheless, the Defendant neglected this and got a part of the left-hand side of the G Aburged Car driven by the Victim F (37 years of age) who was driving in the opposite opposite lane due to the negligence committed by the center line.

Ultimately, the Defendant, by such occupational negligence, caused the death of the victim H(67 years of age) who was on board the said victim’s car due to the cardiopulmonary function suspension due to the shock of the accident at the site, and at the same time, suffered from the victim F with injury, such as a scarf, which requires approximately 6 weeks of medical treatment, and damage to the victim I (n, 64 years of age) who was on board the Defendant’s car at around 4 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement made to F and I;

1. Application of Acts and subordinate statutes on traffic accident occurrence reports, field photographs, actual condition investigation reports, death diagnosis reports, mail records, response to requests for the analysis of traffic accidents, each medical certificate, and each investigative report shall apply;

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

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

1. Punishment;

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