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(영문) 춘천지방법원 속초지원 2013.11.29 2013고단426

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

The defendant is a person who is engaged in driving a BM3 car.

On September 25, 2013, the Defendant driven the above car on September 25, 2013, while driving it according to one-lane from the direction of the village center located in the original city of Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, to the direction of the death rearrangement.

At this point, there is a center line, and in this case, the defendant engaged in driving service has the duty of care to prevent accidents in advance by driving safely, such as driving on a road, and operating safely.

Nevertheless, the Defendant neglected this and did not avoid the MF5 car driven by the victim C (year 51) who was driven by the victim C (year 51) who was driven in the opposite opposite lane due to the negligence of breaking the central line, and received the part of the left front part of the above MF5 car driven by the victim C with the left front part of the above MF3 car driven by the defendant.

Ultimately, the Defendant caused the victim C's death in the same place due to the shock of two parts due to the foregoing occupational negligence, and suffered injury, such as the diversification of a cage cage that requires approximately six weeks of medical treatment to the victim D, a passenger of the said SM5 car.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a fact-finding survey report, and on-site photographs of a traffic accident;

1. A report on investigation;

1. A written autopsy report and an investigation report (related to attaching photographs of a dead body);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant acknowledges and reflects the crime, the fact that the victim has agreed smoothly