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(영문) 수원지방법원 안산지원 2015.11.18 2015고단387

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving Cone Star Car.

On July 15, 2014, the Defendant driven the above car on the 17:38th day of July, 2014, and continued to drive on the 209.5km along the Western Highway.

A person engaged in driving service has a duty of care to accurately operate steering gear, brakes, etc. and to prevent accidents in advance by safely driving it in a manner that well sees the right and the right.

Nevertheless, the Defendant neglected the duty of care as above and neglected the above duty of care, thereby taking the dives on the right-hand side of the proceeding direction, and the above vehicle was restored.

Ultimately, the Defendant caused the death of the victim D who was accompanied by the above vehicle due to the above occupational negligence.

Summary of Evidence

1. A traffic accident report;

1. A written result of autopsy;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes to response to requests for appraisal by the head of the National Institute of Science;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The assertion and judgment of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (the favorable circumstances examined in the following sentencing grounds)

1. The Defendant asserts that, inasmuch as the instant traffic accident occurred due to force majeure, it is not possible to operate the steering gear due to the heat of other words during the instant vehicle operation, she was taken and returned from the date of the instant vehicle and the victim died, and thus, the Defendant was acquitted.

2. Determination

A. According to the results of the response to the traffic accident analysis written by the Director of the National Institute of Science of this Court, when considering the traces of the other side started on the side of the instant vehicle, there is a possibility that the front wheels has occurred during the driving of the instant vehicle, and when the front wheels is placed on the right side during the driving of the vehicle, the vehicle used on the right side.