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(영문) 수원지방법원 평택지원 2014.02.13 2013고단1570
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The defendant is a proxy driver who drives a E New Daily XG car owned by the victim G(53 years old).

On August 15, 2012, the Defendant driven the above vehicle on August 15, 2012, and proceeded at a speed of about 80km at a speed of about 15 km per hour, 45 km from the point 150 meters prior to the flow-distance 150 meters prior to the influence of Pyeongtaek-si, Pyeongtaek-si.

At night, a large amount of low-speed surface is slick and it was difficult to secure the view, so it is difficult to reduce the speed and to check the safety of the way by checking the safety of the front left, and even if there was an occupational duty to drive, it was caused by the negligence that the injured party B (25 years old) who stops at the same speed when driving at the same speed more than the one-lane on the front side while driving at the same speed and finds the F-crack car late later, and the vehicle that the injured party B (25 years old) is driving at the same speed caused the traffic accident that the part of the front part of the Defendant’s driving vehicle in front of the cruise car.

Around 01:58 on August 15, 2012, a victim G who was accompanied by the Defendant’s driver’s vehicle due to the foregoing traffic accident caused the death of the victim G with multiple trauma during the transfer to a hospital, and the victim B suffered injury, such as dump dump, which requires a medical treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of the police statement to I;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A corpse of corpse;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with heavier penalty);

1. The crime of this case on the ground of sentencing of selective sentencing of the punishment of this case does not identify a vehicle which the defendant, who had the previous department and the previous department, had stopped one lane in front while driving as an acting driver.

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