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(영문) 서울동부지방법원 2013.07.04 2013고단760
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Grand Ireland vehicle.

On January 21, 2013, the Defendant driven the Kanba in the Grandland on January 22:23, 2013, and proceeded at a speed of about 70km per hour at the speed of about 70km from the direction of the west 180-2, which is located in the village of Gangdong-gu Seoul, Gangdong-gu, Seoul, along the two-lanes of the west 5-lane distance.

At this point, it is the five-lane road and the road surface is 48 km speed since the road surface is milched at the time, so there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and the operation of the steering system accurately.

Nevertheless, due to the negligence of neglecting this speed exceeding 22 km per hour, the victim D (21) who crosses the road without permission from the left side of the moving direction of the defendant's vehicle without permission from the right side of the defendant's vehicle. The victim's bridge and head side were shocked in front and front glass of the Grand cann vehicle.

Ultimately, around January 22, 2013, around 16:18, the Defendant caused the death of the above victim with severe cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spae in the National Armed Forces Water Hospital located in Sung-nam-si, Sungnam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Notification of the report on traffic accident, the report on the actual condition of traffic accident, each photograph, each photograph, death certificate, the autopsy report, the comprehensive traffic accident analysis report, and the application of Acts and subordinate statutes to the investigation report (the speed analysis, weather conditions and speed limit);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Act of the community service order shall be within 65 km at each time of the accident of this case.

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