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(영문) 수원지방법원 2014.04.16 2014고단341
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a person engaged in driving a set of automobiles B.

On December 24, 2013, at around 22:06, the Defendant driven the above vehicle and driven the four-lane road of the Sejong East-dong 485, East-do, Suwon-si, Suwon-si, along one-lane from the direction of the water station to the 50km distance.

In such cases, any person engaged in driving of a motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to cause any danger and injury to others according to the traffic conditions of the motor vehicle and the structure and performance of the motor vehicle, and have a duty of care to report the traffic situation well and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the defendant is negligent in doing so.

On December 25, 2013, at least 00:27, the victim C (n, 61 years of age) who illegally crosss the right side from the left side of the running direction was found to be late and operated, but was faced with the front part of the driving vehicle of the defendant without being faced with the victim, resulting in death while being being treated due to dynamic cirrosis, etc. in the emergency room of the Suwon Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, beginning crime, agreement with the bereaved family members of the victim, and negligence of the victim, etc. in the event of an accident);

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