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(영문) 창원지방법원 마산지원 2018.10.30 2018고단634
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for one year and by a fine of 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Criminal facts

The defendant is a person who is engaged in the business of driving a motor device B or a bicycle B or L125S 124cc.

On April 9, 2018, the Defendant, without a motor motor bicycle license, driven a bicycle without a motor device bicycle license, and driven the D front road located in Masan-gu, Masan-si, Masan-si, to an elementary school, and brought the victim E (V, 79 years of age) who dried the crosswalk in accordance with pedestrian safety due to the occupational negligence proceeding in red signals, without properly turning the front side of the bicycle, while going through from the Masan-si, Masan-si, Masan-si.

As a result, the Defendant suffered from a multiple malone by the above occupational negligence, and thereby, the victim was transferred to Samsung Changwon Hospital located in Samsung Changwon-gu, Changwon-si, Changwon-si and received treatment. On August 16, 2018, the Defendant died due to the closure of the merger witness around 20:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each diagnosis report and death report on E;

1. The driver's license ledger;

1. A report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, and a actual survey report;

1. Application of the Acts and subordinate statutes concerning a field photograph and CCTV image photograph;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Selection of a fine, respectively, for the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, against imprisonment without prison labor and the crimes violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the suspended execution (as to imprisonment without prison labor);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. The punishment according to the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death or Injury) among the crimes indicated in the judgment on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to provisional payment order.

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