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(영문) 수원지방법원 2015.08.19 2015고단2213
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant, as an acting engineer, had the victim C (32 years of age) drive on behalf of the victim CTXG vehicle.

On March 24, 2013, at around 05:00, the Defendant driven the said TraXG vehicle as its duties, and proceeded in two-lanes between the two-lanes, namely, the efficiencies, which are inciting the right-holder of Suwon city, toward the efficiencies in Seoul.

Since at night, in such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, to live well before the road, and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and found it late later, and carried out a sudden operation, but did not avoid being faced, and received the back part of the twiter’s back part of the twiter’s vehicle as the front part of the twiter’s vehicle, and caused the victim C (32 years of age) who was on board the twiter’s twiter’s twiter’s string, thereby causing serious injury to the victim C (32 years of age) due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of the F;

1. A traffic accident report;

1. A criminal investigation report (No. 42-43 pages of investigation records);

1. Application of Acts and subordinate statutes in written opinions;

1. The reason for sentencing under Article 3(1) of the relevant Act on Criminal Facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act / [the scope of recommending punishment] The ground for sentencing under Article 268 of the Criminal Act / [the scope of general traffic accident] in the area of aggravation ( August-16)] of the first type of traffic accident (special aggravation] / [the decision of sentence] in the case of serious injury [the decision of sentence] in the case of this case caused by the traffic accident of this case by the defendant / the victim takes it out without consciousness until the date two years have passed since the accident of this case

However, there is no gross negligence as provided in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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