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(영문) 수원지방법원 2013.07.18 2013고단666
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Class B EF car.

Around 03:05 on January 5, 2013, the Defendant came to know that he driven the said car and driven it on a three-lane road in the direction of the public road in the direction of the common road in the direction of the traditional village, while driving it along the two-lanes in the direction of the common road in the direction of the common road in the direction of the 1,2-lane and the 3-lane road in the direction of the common road in the direction of the Israe-dong, Gyeonggi-gu, Bosi-dong. On January 5, 2013, the Defendant 10 meters away from the direction of the high-speed road.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by taking into account the traffic situation in the rear.

Nevertheless, the Defendant neglected this and went back to the opposite direction of the normal course, and caused the death of the victim due to severe brain damage, etc. from the F hospital located in Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do, where the Defendant was under transmission treatment at around 03:35 on the same day, by changing the course from the two-lane to the three-lane way, which led to the death of the victim, by taking the front part of the left part of the DNA Maz Motor Vehicle of the victim C(27 years old) driving in the direction of the high-speed folklore into the three-lane road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act provides that the serious result of the death of the victim for the reason of sentencing under Article 62-2(1) of the Order to Attend a lecture, that the Defendant’s driver’s vehicle is covered by a comprehensive insurance policy, that the insurance company pays 290 million won to the victim’s bereaved family members in agreement, and that it is deemed that it is not easy to prepare an agreement in light of the Defendant’s economic power,

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