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(영문) 수원지방법원 2014.08.14 2014고단1148
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a rocketing car.

On January 13, 2014, at around 15:35, the Defendant driven the above car and passed it to the intersection of the upper sloping road located in the Heung-gu New-dong, Young-gu, Young-gu. The Defendant proceeded from the boundary of the license examination site to the intersection of the upper sloping road at about 60km of speed.

The Defendant did not stop when the vehicle signal, etc. is changed from yellow light to red light, and did not enter the intersection and proceed with it in violation of the signal, and instead, took the front of the Defendant’s vehicle into the front side of the Defendant’s vehicle, driving by the victim D, who was directly going to port from the direction of the Defendant’s vehicle to starboard, and then was driven by the victim F, driving by the victim G, the victim H, and the left side of the Defendant’s vehicle by the 125CC Ha where the victim H was accompanied by the front side of the vehicle.

Ultimately, the Defendant, by occupational negligence, sustained brain-dead, etc. that requires approximately 3 weeks of medical treatment to the above F, and suffered from the above G (17 years of age) the upper part of the internal wall that requires medical treatment for about 8 weeks. On February 12, 2014, while the above H (17 years of age) was transferred to a hospital and received medical treatment, the Defendant died as brain livers, and damaged the above high-est car to cover the repair cost of KRW 801,655 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Written statements of D;

1. A traffic accident report;

1. A death certificate;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Order for community service and attending lectures;

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