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(영문) 수원지방법원 2013.11.07 2013고단4303

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, 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 a B-Wood passenger vehicle.

On May 25, 2013, at around 23:50 on May 25, 2013, the Defendant proceeded three lanes from the three-lanes in front of the KT&G located in Suwon-si, Suwon-si, the speed of about 60km at a speed of 50km from the front side of the TT&G to the underground map of volcanic meters.

In this case, it was confirmed whether a person engaged in driving service has a duty of care to safely drive a crosswalk in accordance with the new code. In this case, it was found that the person engaged in driving service has a duty of care to reduce the speed and to see well the right and the right and the right of the road.

Nevertheless, the victim C (the 24 years old) who had access to the crosswalk from the right side to the left side is found to have been negligent in not doing so, and due to the negligence of entering the crosswalk on the red signal in violation of the signal, and the victim was faced with the front part of the above vehicle.

As a result, the Defendant caused the death of the victim due to brain paralysis around 18:30 of the 27th of the same month while he/she was sent to the E Hospital located in Young-gu, Suwon-si, Suwon-si, and received treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The decision of the same sentence as the order shall be made in consideration of the matters prescribed in Article 51 of the Criminal Act, such as the fact that the serious result of the death of the victim for the reason of sentencing under Article 62-2 of the Criminal Act and the fact that the victim's bereaved