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(영문) 수원지방법원 성남지원 2014.07.03 2014고단1114
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

Criminal facts

On March 20, 2014, the Defendant was driving a BNEW franchise low-XG car on March 20, 2014, and led to the flow from the land adjacent to the land adjacent to the land area adjacent to the land area adjacent to the land area adjacent to the land area adjacent to the land area adjacent to the land area adjacent to the land area adjacent to the land area adjacent to the land area adjacent to the Jincheon-gun, Jincheon-gun.

At that time, the center line of yellow-line was installed as a road to enter the straight line after passing through an intersection, and at that time, it was not easy to secure the front view because it is getting off at night, so in such a case, a person engaged in driving business has a duty of care to safely drive the vehicle by reducing speed and maintaining the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving the center line, and received the front part of C&C driving's D 4.5 tons truck, which was proceeding in the opposite direction to the Defendant's running direction, as the front part of C&C driving in front of the passenger car operation of the Defendant.

Ultimately, the Defendant caused the death of the victim E, Chinese, female, and 54 years old who was accompanied by the Defendant’s car due to the above occupational negligence at the same time, and at the same time caused the death of the victim F, Chinese, female, and 38 years old) to the same passenger, and caused the death of the victim F, Chinese, female, and 38 years old, in the emergency room of the H hospital located in the area of the Gu of Cheongju-si, Cheongju-si on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of each police statement made to I and J;

1. A traffic accident report, 1 and 2 (actual investigation report), and a report on the occurrence of a traffic accident;

1. A comprehensive analysis of traffic accidents;

1. Each death certificate;

1. Application of statutes on 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 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 (see, e.g., reasons for sentencing) 1.

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