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(영문) 수원지방법원 안양지원 2013.04.10 2013고단170

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

On December 16, 2012, the Defendant driven B rocketing taxi vehicles around 00:20, and proceeded at a speed of about 90 km in the speed of about 60 km from the side of the Ansan Park to the middle and north of the Manyang-gu in Ansan-gu.

Since the restricted speed is 80 km, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, when the defendant neglected this and proceeded at a speed exceeding 10 km per hour, the defendant received the victim C (51 years of age) who crosses the speed from the left side of the running direction of the defendant without permission from the right side of the defendant's vehicle to the front part of the vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on December 21, 2012, 04:39, and during the period of Ansan-si, the Defendant caused the death of the victim as brain cerebral cerebral cerebral cerebral cerebral Bribery at the hospital of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A death certificate;

1. Application of Acts and subordinate statutes, such as field photographs, vehicles, dead photographs;

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 (including the fact that the defendant is against his/her will, the fact that he/she is insured by the Financial Cooperative, and the victim has gross negligence in the occurrence of traffic accidents);