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(영문) 수원지방법원 평택지원 2014.11.26 2014고단1345
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 engaging in driving a CF rocketing car.

On May 29, 2014, the Defendant operated the said car at around 23:30, and proceeded with the national highway No. 1 in front of the eju station in Pyeongtaek-si D from the home fluor to the central funeral hall.

At all times, since the right-to-way length and the speed of the right-to-way length are 80 km per hour, there was a duty of care to prevent accidents in advance by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and proceeded at a speed of about 133 km per hour exceeding 53 km per hour, and caused the driver to go back to the right side by the negligence of rapid operation of the driver's vehicle to the right side in order to avoid collision with the central separation zone, and turn back to the direction of visibility, and cut down to the right side of the road, and cut down a concrete retaining wall on the right side of the road.

Ultimately, the Defendant caused the death of the victim F(19 years of age) and the victim G(20 years of age) by occupational negligence as seen above, respectively, at the accident site; the victim H(20 years of age) suffered injury, such as credit boom, frier fever, and blood transfusion, which require medical treatment for about 16 weeks; the victim I (19 years of age) suffered injury, such as climatic salt, which requires medical treatment for about 3 weeks; and the victim J(19 years of age) suffered injury, such as climatic salt, which requires medical treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. The K's statement;

1. Each written diagnosis (I, J, G);

1. A written autopsy of each body and a photograph of each side dead body;

1. A written appraisal;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

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 of the Criminal Act:

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