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(영문) 수원지방법원 평택지원 2013.04.18 2011고단1553 (1)

교통사고처리특례법위반

Text

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

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

At around 03:50 on August 10, 201, the Defendant operated Ctopcar car on the national highway No. 38 located in Pyeongtaek-Eup Skille, and proceeded in one way between the two-lanes on the inside and outside of Pyeongtaek-si.

At the time, since the road was in the state of night and raining, the defendant engaged in driving duty had a duty of care to safely drive the motor vehicle according to the traffic flow while reducing the speed and driving the road.

Nevertheless, the Defendant neglected the duty of Jeonju City and immediately proceeded with it without reducing speed, and found it late later due to a traffic accident, and operated it at the same time due to the same location. However, it was unsatisfying, but it was unsatisfying, and the victim F, who was on board the D Driving Vehicle in front of the Defendant’s driving vehicle, led the victim F, who was on board the D Driving Vehicle in front of the D Driving Vehicle, to suffer a serious injury, by putting the back part of the lower wheels of the D Driving Vehicle into the lower right part of the D Driving Vehicle, and making the victim F, who was on board the D Driving Vehicle in the D Driving Vehicle in front of the Defendant’s driving vehicle, suffer a serious injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The police statement of H;

1. A written appraisal of G;

1. Each written diagnosis;

1. Each comparison with the enemy;

1. Application of Acts and subordinate statutes to each accident vehicle and on-site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the Defendant’s vehicle driven at the center of the road due to the shock of drums while driving the victim, who is a passenger, was under the influence of drinking, and the Defendant’s vehicle driven at the back of the road. Thus, even if the Defendant was at night at the night, the Defendant neglected to perform his duty at the front time, thereby causing the instant accident.