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(영문) 수원지방법원 2013.09.25 2013고단3140
교통사고처리특례법위반
Text

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

except that 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 who is engaged in driving a car in the Dora zone.

On February 25, 2013, the Defendant proceeded at a speed of about 100 km in the Sindo New Motor Vehicle Industrial Complex, which is located in the Singu Sing-si New-dong, Young-si, Young-si, Gung-si, at a speed of about 22:15 minutes, along the two-lanes of the Sin-si.

At the time, there are nights, and there is a speed of 80km per hour on the right-hand lane passing through the underground tunnel, so in such a case, a person engaged in driving duty has a duty of care to accurately operate the right-hand side and the steering and steering system, and to safely drive the road in compliance with the speed limit and prevent accidents in advance.

Nevertheless, the defendant neglected this and proceeded with a limited speed exceeding 20 km, and the victim E (the age of 23) who crosses the road to the right side from the left side of the defendant's running direction was the front part of the car.

The Defendant caused the death of the victim by occupational negligence due to the damage of external alutism in his job.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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. The driver of a motor vehicle operating an expressway or motorway on the argument of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act (hereinafter referred to as the "reasons for sentencing") may not have a duty of care to drive the motor vehicle in preparation for making it possible to take measures, such as rapid stopping, in order to prevent a collision with pedestrians, by predicting that there is a pedestrian crossing the expressway or motorway. However, the general roads, other than the expressway or motorway, are restricted to the passage of people.

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