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(영문) 수원지방법원 평택지원 2015.08.28 2015고단934
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a vehicle with EXE-d motor vehicle.

On April 6, 2015, the Defendant driven the above car on April 21, 2015, and led to the drive of the above car at a ethic speed from the ethic boundary to the ethic air.

In such cases, a person engaged in driving motor vehicles has a duty of care to prevent accidents by driving motor vehicles without the center line.

Nevertheless, the Defendant neglected to do so and neglected to drive a central line on the part of the business negligence, which led to the parallel of the center line, and the front side part of the victim C (hereinafter referred to as 44 years old) driving car, which was going to the parallel of the two sides of the above Aburged car.

As a result, the Defendant caused the death of the victim E (the age of 23) who was on the top of the above A-Wnd-Wn-Wn-Wn-Wn-man car due to the above occupational negligence, due to the following: (a) the fact that it is clear in detail due to chest-flicking, etc.; and (b) the Defendant suffered injury, such as a pelle between the right booms requiring approximately 14 weeks of treatment to the above C, a driver of the above A-Wn-Wing car; and (c) the victim F (the age of 39) who was on the right flick-Wn-Wing car, by causing the injury, such as mination of min

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each statement A and C;

1. The actual survey report on traffic accidents;

1. Each written diagnosis (F, C);

1. A written result of autopsy;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1) and the proviso of Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows.

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