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(영문) 창원지방법원 2013.08.13 2013고단1742
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cnua car.

At around 22:00 on May 12, 2013, the Defendant driven the said car on the three-lane road in the south-lane located in the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and operated the said car at a speed of about 80km from the side of the Ansan-gu to the distance of the household affairs in accordance with two-lanes.

Since the location is an intersection with signal lights, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected to do so and, by entering the intersection even though the Defendant’s moving direction signal is red, received the victim D(52 years of age) who entered the intersection from the right-hand side of the vehicle driving in front of the motor vehicle driving by the Defendant, from the front side of the motor vehicle driving by the victim D(52 years of age) who entered the intersection in accordance with the straight-line signal from the right-hand side of the vehicle, and led the said taxi to shock the intersection between South and North Korea and fall into the river.

Ultimately, the Defendant, by occupational negligence in violation of the aforementioned signal, caused the victim F(54 years of age) and the victim G(n, 65 years of age) on the back seat of the said taxi to die at the seat of each of the multiple long-term damage. At the same time, the Defendant suffered injury to the victim H(54 years of age) who was on the said taxi auxiliary seat about 12 weeks of medical treatment, and suffered injury, such as the pressure frame at approximately 2 weeks of medical treatment, which requires approximately 5 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (Attachment of image pictures of an accident);

1. A corpse of corpse;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), proviso to Article 3 (2) 1 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. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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