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(영문) 수원지방법원 2018.07.10 2018고단990
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of the E-Wed MD car.

On October 22, 2017, the Defendant driven the above car at around 14:45, and proceeded at about 48 km each hour at the speed of 317 Spon Line 2, Spon Line 317, Spon-ro, Spon-ro, Spon-ro, Spon-ro, Spon-ro, Spon-ro, Spon-ro, Spon-ro, Spon-ro, Spon

Since there was an intersection where a signal, etc. is installed, in such a case, the person engaged in the driving of a motor vehicle has a duty of care to reduce the speed and to check whether there is a vehicle passing through the intersection by checking well the right and the right and the signal, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received a part of the back-hand part of the passenger car by the Defendant’s passenger car in front of the passenger car, which was driven by the Victim F (36 Do) who was straight from the right-hand side of the course to the left-hand side of the Mad Had Had Had Had Had Had Had Had Had Had Had

Ultimately, the Defendant caused the death of the victim H (48 tax) who was on board the victim F and the damaged vehicle due to the above occupational negligence around that time. The Defendant suffered injury, such as cerebral typ that requires approximately three weeks of medical treatment to the victim I (V, 52 years of age) who was on board the Defendant’s car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J or K;

1. A traffic accident report, each corpse death certificate, diagnosis certificate, and comprehensive traffic accident analysis report;

1. Application of related photographs (fields, etc.) and HD vehicle booms video-related Acts and subordinate statutes;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and de facto doctor), Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of an occupational and de facto doctor);

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

1. The reason for sentencing of selective imprisonment without prison labor.

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