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(영문) 수원지방법원 성남지원 2013.10.24 2013고단1331

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On February 11, 2013, the Defendant operated Cschtonn car at a speed of about 85 km (limited speed: 60km) per hour from the 310 Do 310 Do dong Park, Sungnam-si, Sungnam-si, at a speed of about 35 km (limited speed: 60 km) per hour depending on one lane towards the west-dong parking lot at the 310 Do dong Do 310 Do dong Park.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so the driver of the motor vehicle has a duty of care to observe the speed and speed of the motor vehicle, thorough operation of the steering system and steering gear, and prevent accidents by accurately manipulating the steering system and steering gear.

Nevertheless, the Defendant neglected this while driving a vehicle at a limited speed beyond the speed, and found an irregular vehicle in the process of changing the course at the front, but did not bound by operating the steering gear to operate the steering gear to the center, and caused the collision to the front part of the EPa II car driven by the injured party D( South, 42 years old) who is going straight at the second-lane 2-lane, and caused the car to be driven by the injured party F (F, South, 38 years old).

Ultimately, the Defendant caused the death of the victim D due to severe brain injury by the foregoing occupational negligence, and at the same time, the Defendant suffered injury, such as an excellent third heat hold, which requires approximately two weeks of treatment, to the victim F, and ③ the victim H (Nam, 5 years of age) who was accompanied by the said car Class II, with approximately one week of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written appraisal;

1. A death certificate;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. The selective penalty of imprisonment without prison labor;