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(영문) 창원지방법원 통영지원 2020.05.21 2020고단216
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for two years and by a fine of KRW 1,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a string 125C straw.

On October 10, 2019, the Defendant, without obtaining a motorcycle driver's license, driven the above Oral Ba, which was not covered by mandatory insurance, and proceeded ahead of the C latter part of the Gyeong-gun in the Gyeongsung-gun in the Gyeongnam-gun, at a speed of about 72.5 km each hour at a speed of about 72.5 km from the eastside of the East Sea to the west of the west.

At the time, night and there are 50 km points at a speed of 50 km, so in such a case, there was a duty of care to observe the speed limit and to prevent accidents by accurately manipulating the steering gear and brakes.

그럼에도 불구하고 피고인은 이를 게을리 한 채 제한 속도를 초과하여 중앙선을 넘어 진행한 과실로 오토바이 전면 및 좌측면 부분으로 맞은 편 도로에 설치된 가드레일을 충격하여 그 충격으로 위 오토바이 뒷좌석에 동승 중이던 피해자 D(남, 35세)이 튕겨나가 도로에 전도되게 하였다.

Ultimately, the Defendant caused the death of the victim by occupational negligence, resulting in the death of the victim due to cerebral cerebral cerebral ties by cutting down 00:24 on October 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A CCTV closure photograph in an accident site;

1. Designation of a section with restricted speed, such as a report on video analysis, automobiles, etc.;

1. The application of Acts and subordinate statutes to the inspection report and the actual survey report;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Act on the Settlement of Traffic Accidents”), Article 268 of the Criminal Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act on the Settlement of Traffic Accidents”), and the main sentence of Article 8

1. The crime of violation of the Act on the Selection of Traffic Accidents and Handling of Motor Vehicles shall be committed;

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