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(영문) 수원지방법원 안산지원 2013.12.05 2013고단2528

교통사고처리특례법위반

Text

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

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 engaged in driving Bmer trucks.

At around 16:30 on July 8, 2013, the Defendant driven the above camera truck and proceeded at a speed of about 50 km in the speed of Sinsan-si, Nowon-gu, Seosan-si, Seosan-si.

At this point, the Central Separation of Road is installed, the road bended by the direction, and the surface was broken down due to the malfunction. Therefore, the defendant engaged in driving service has a duty of care to reduce speed and safely drive so that he/she does not intrude the central line.

Nevertheless, the Defendant neglected this and proceeded as it was, and was driven by the injured party C (54) who was drinking at the bend of the center line due to negligence, and was driven by the injured party C (54) at the bend of the bend.

At around July 8, 2013, the Defendant caused the death of the victim due to the cardiopulmonary shock from the F Hospital located in Ansan-si E, Ansan-si on July 8, 2013 due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant reflects the error of the defendant, that the victim's bereaved family members and the bereaved family members have agreed smoothly, that the defendant's vehicle