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(영문) 수원지방법원 안산지원 2015.05.06 2015고단130
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for eight months.

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

The defendant is a person who is engaged in the operation of the tank B trucking cargo vehicle.

On October 3, 2014, the Defendant driven the above cargo vehicle on the 21:15th day of the Gyeonggi City, and changed the course from the 2-lane to the 1st day of the Seogyeongdo to the 2-lane from the 4nd day of the Seogyeongdo, which is located on the king New Road in the Gyeonggi City, to the 3-lane.

In such cases, the driver of a motor vehicle has a duty of care to prevent the occurrence of accidents by changing the vehicle line safely by operating direction, etc. in advance, giving prior notice of change of course, and taking into account the traffic conditions of the front and rear left-hand.

Nevertheless, the Defendant neglected this and did not discover the victim C driver's D, which is proceeding in the three-lane of the same direction as the above road, due to the negligence of changing the vehicle vehicle, and did not discover the victim C driver's D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

After all, the Defendant caused the death of the victim C due to the above occupational negligence, such as a fluor and a dule, and caused the death of the victim G, who is a passenger of the said car, to cerebral blood death.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A traffic accident occurrence report;

1. Blue cambling screens to cut;

1. Application of Acts and subordinate statutes to a corpse (C), a corpse autopsy,G, a corpse photograph (C), and a corpse photograph;

1. Article 3 (1) of the relevant 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. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) of the Order to provide community service and attend lectures shall be the second type of general traffic accident.

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