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(영문) 창원지방법원 2019.05.23 2019고단621
교통사고처리특례법위반(치사)
Text

Defendant

A shall be punished by imprisonment without prison labor for eight months, and by a fine of seven million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A is also a person who is engaged in driving a passenger car.

On October 31, 2018, the Defendant driven the above car on the 18:18th day of October, 2018, and driven the five-lane road in front of the Kim Sea Police Station in 2307, as Kimhae-si, Kim Jong-si, the Defendant turned the five-lane road from the right side to the right side of Kim Sea, to a speed of about 83km in speed.

At the same time, the ten-lane road is a ten-lane road at night, and there are many vehicles and pedestrians operating, so there was a duty of care to prevent accidents in advance by safely driving the vehicle by safely driving the vehicle, such as complying with the speed limit, checking the surrounding traffic situation, accurately operating the steering and brake system, etc.

Nevertheless, the Defendant neglected this and proceeded with about 70 km per hour exceeding 13 km per hour, and did not look at the 83 km per hour, and did so, the Defendant did not discover the victim D (e.g., 64 years old) who illegally crossed the road from the left side of the course to the right side, and did not find the victim D (e.g., 64 years old) who unclaimed the road on the right side, and made the victim use the part above the left side of the said vehicle and used the victim as a four-lane, and led the E Sexton car drivened by B driving along the four-lane from the rear side to the victim.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the spot due to multiple organ damage and brain damage.

2. Defendant B is a person who is engaged in driving a Esch Rexton car.

The Defendant driven the said car at the date, time, and place specified in Paragraph 1, and proceeded about 48 km each hour from the right side to the right side of Kimhae Police Station in front of the Kimhae Police Station in 2307, as Kimhae-si at the time and place specified in paragraph 1, to the right side of Kimhae-si.

At the time, it is a night and a place where there are many vehicles and pedestrians operating as ten-lane roads.

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