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(영문) 수원지방법원 2013.10.02 2013고단3464

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 engaging in driving a CF car.

On May 27, 2013, the Defendant driven the above vehicle on May 27, 2013, and driven it at a speed of about 40 km from the intersection to the mountain of about 10 km in front of the Triju oil station, which is located in 1124-1, the non-fwing-ri, the scopic-ri, the scopic-ri, the scopic-ri,

At this point, there is a center line of yellow-ray, so in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly operate the motor vehicle in front and safely.

Nevertheless, the Defendant neglected this and received the front part of the driving seat of the victim D(S. 52) driving E non-stop car, which was normally straight ahead of the center line, from the negligence going beyond the center line, as the front part of the driving seat of the Defendant’s driving.

Ultimately, at around 00:05 on May 28, 2013, the Defendant caused the victim D’s occupational negligence to die with low blood pressure shock shocks during treatment at G Hospital located in Ansan-si F, Ansan-si. The Defendant suffered injury, such as clocks and tensions, which require approximately two weeks of treatment to the victim H (V, 72 years of age) who was accompanied by the Defendant’s driver’s free-of-car car.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes to H of a medical certificate

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the fact that the defendant is old, the fact that the defendant has agreed with his/her bereaved family members, the fact that he/she is covered by comprehensive insurance, and the fact that there is no special