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(영문) 수원지방법원 2014.11.26 2014고단4720
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 sprink vehicle.

On June 17, 2014, the Defendant driven the above vehicle at around 22:28 on June 17, 2014, and proceeded at the speed of 86 km from Seoul to Osan-si.

Since there is an intersection where signal apparatus is installed, and the speed limit is 60 km, the driver has a duty of care to proceed in accordance with the signals of signal apparatus, observe the speed limit, and prevent accidents due to driving.

Nevertheless, the Defendant entered the intersection where the speed limit is over 26 km and the electric signal is changed to the stop signal, and the crosssection is in violation of the signal from the territorial surface to the hydroelectric field, and the front side of the FJ CA110-wheeled vehicle driven by the victim E, who is going to violate the signal from the territorial surface, was shocked by the front side of the driver's seat of the Defendant.

As a result, the victim E suffered death at the Ariju Hospital around 10:20 on June 24, 2014, by causing injury to the thromatic blood, etc. from the flag, and the victim G, who was on the top of the vehicle of the defendant, suffered approximately 12-day pulverization of the left-hand flag in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of the police statement related H;

1. G statements;

1. A death certificate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 3(1) and the proviso to Article 3(2)1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including special sentencing factors) of the suspended sentence (see, e.g., grounds for the suspended sentence): The special educational rules that provide aggravated punishment (including serious efforts to recover damage) where the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage:

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