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(영문) 수원지방법원 성남지원 2016.10.06 2016고단2213

교통사고처리특례법위반(치사)등

Text

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

except that the execution of the above punishment shall be suspended for 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 a motor vehicle at C low-speed.

On July 21, 2016, around 09:35, the Defendant parked the said car on the roads adjacent to the Sinnam-si D, Sungnam-gu, Sungnam-gu.

At this point, there is a duty of care to prevent accidents in advance by taking necessary measures in order to safely maintain the state of the vehicle's stop by stopping the vehicle's vision and thoroughly operating the brakes for the driver of the motor vehicle.

Nevertheless, the Defendant neglected to stop driving of the vehicle without stopping the vehicle's speed, put put put put put put in order to put in order to put in order, and failed to take safety measures accurately, and caused the above vehicle to be pushed off by occupational negligence, which caused the said vehicle to be pushed down in front of the said vehicle's front EF shop, and caused the said vehicle to be pushed off, and the victim H (W, 63 years old) and the victim J (W, 53 years old) and the victim J (J, 49 years old) who was parked in front of the said vehicle's third cargo vehicle that was parked in the said vehicle.

Ultimately, at around 11:15 on the same day, the Defendant caused the death of the said victim H by his occupational negligence in the L Hospital located in Seongdong-gu, Seongdong-gu, Seongdong-gu, Sungnam-gu, Seoul, to the effect that it would cause the said victim I to suffer a serious injury to the debris in the debris of the bris, due to the debrising of the bris, etc., and the said victim J caused the victim J to suffer a serious injury to the bris of the bris.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against M and N;

1. The actual condition survey report;

1. Each report on investigation;

1. On-site photographs, CCTV photographs, and accident images;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

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