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(영문) 창원지방법원 거창지원 2017.10.27 2017고단214
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Freight Vehicles.

On June 5, 2017, the Defendant driven the above vehicle at around 09:25, and, at around 09:30, proceeded at a speed of about 100km in speed from the location of the D Hospital to the two-lanes of the Song-gun, Chang-gun, Chang-gu, Seoul Special Metropolitan City: (a) the two-lanes at the speed of 153-30km from the location of the D Hospital; (b) there is a yellow on-off signal, etc. at that location; and (c) as an intersection where the passage of the vehicle is frequent, the restricted speed of 60km is set at a speed of 60km, and thus, the Defendant has a duty of care to drive the vehicle in compliance with the traffic order, such as: (a) a person engaged in driving the vehicle, who is well aware of the front side and the left; and

Nevertheless, the Defendant neglected this and got the victim to move to the floor at a speed of 100 km a speed exceeding 40 km a speed of 100 km per hour, and had the victim enter the intersection in order to pass from the direction of the elim road to the elim farming.g., the victim E (82 e.g., the victim E (82 e., the victim) who was driving from the direction of the elim to the elim farming.g., the upper part of the driver’s vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the foregoing 10:08 on the same day from the D Hospital to the cardiopulmonary suspension due to dumposis and blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reporting on the occurrence of a traffic accident, actual investigation report, and report on the occurrence of a traffic accident or current incident, and suggestion for direction;

1. Each comparison with the enemy;

1. A death certificate or written evidence of autopsy;

1. On-site records and photographs of traffic accidents;

1. Application of Acts and subordinate statutes of each investigation report (in relation to the attachment of fluor box image images, attachment of a traffic accident analysis report, over-speed application, temporary suspension of damaged vehicles);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (the defendant commits a crime)

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