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(영문) 인천지방법원 2016.12.15 2016고단6215
교통사고처리특례법위반(치사)등
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a car of DSS3.

On June 11, 2016, the Defendant driven the above car at around 18:50, and proceeded three-lanes in front of all wharfs located in the Jacheon-gu, Busan, Seopcheon-gu, with three-lanes in front of the three-lanes in front of the wharfs.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to proceed in accordance with good faith.

Nevertheless, the Defendant neglected this and changed the two lanes from the two lanes to the three lanes in violation of the straight line signal, and then the Defendant saw the two lanes to the center line, and saw the U.S. to the center line. The FOba driven by the victim E (the age of 34) followed from the two lanes in the same direction, led the Defendant to be a side of the said car driven by the Defendant, and the victim exceeded the floor.

Ultimately, at around 10:14 of the following day, the Defendant caused the death of the victim due to mass blood transfusions from a high-tech hospital located in Seocheon-ro 262, Seo-gu, Busan, Seo-gu.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the said SM3 vehicle without obtaining a driver’s license from the entrance of the fleet at the port of Busan, Seo-gu, Busan, to the point of accident as set forth in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. A death certificate (E);

1. The ledger of driver's licenses;

1. Application of traffic accident scenes and vehicle photographs-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The Criminal Act among concurrent crimes.

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