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(영문) 부산지방법원 서부지원 2018.01.22 2017고단1473
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) is a person who drives a motor bicycle with unregistered SYM beams;

On May 16, 2017, the Defendant operated a bicycle with a motor device at around 04:20, and entered the intersection of the IC distance in the Dong Kim-ri Kim-dong, Kim Jong-ri, Kim Jong-ri, which is located in the fishing village of the Gyeong-ri, Kim Jong-si, with the first parallel of the f0km-dong-ri, the speed of the 60km-ri speed.

A person engaged in driving service has a duty of care to live well on 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 and the right and the right and the right

Nevertheless, the Defendant neglected to do so and did not look at the situation of the lane to enter by neglecting to do so, and caused the Defendant to go on the road C (the remaining, 20 years old) of the victim C (the remaining, 20 years old) who took the front part of the motor device driving by the Defendant to go on the front part of the motor device driving.

At around 19:07 on the same day, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the Busan University Hospital located in the Asia-gu Busan Metropolitan City on the same day.

2. The Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (free-licenseing) and the Act on Guarantee of Compensation for Motor Vehicle Damages around that time, operated the bicycle without a mandatory insurance policy while under the influence of alcohol with about 1km alcohol content of about 0.055% from the Do near the Radart club located in the Gannam-si Kimnam-si Kimnam-si to the above accident place without a motor driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on the actual condition, a report on the detection of drivers at home, a statement on the circumstances of drivers at home, and a reply to the request for analysis of traffic accidents;

1. A death diagnosis certificate (C);

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes on site photographs;

1. Criminal facts;

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