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(영문) 수원지방법원 안산지원 2015.07.16 2015고단1460
교통사고처리특례법위반
Text

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

However, 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 engaging in driving a rocketing taxi.

On June 16, 2015, around 04:22, the Defendant made a turn to the left at a speed of about 30 km from the west side of the Korean Peninsula, along the three-lane distance from the west side of the Korean Peninsula, at the speed of about 30 km.

Since there is a signal, there was a duty of care to reduce speed and prevent accidents in advance by driving safely in accordance with signals such as signal, etc. to those engaged in driving of motor vehicles.

Nevertheless, even if the defendant neglected this and sent a right turn to the left, the defendant's failure to turn to the left has caused collision with two-wheeled vehicles with the number plate No. 250R (number No. 1:F) drive by the victim E, who takes a right turn to the left according to the straight signal.

Ultimately, the Defendant caused the death of victims E by occupational negligence by adding approximately 12 weeks to the right pel, which requires medical treatment of approximately 12 weeks, and the victim G who was aboard a damaged vehicle, who was determined brain death in the Nam-gu Incheon Metropolitan City, Dong-dong 1198, on January 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related H;

1. Statement of traffic accident-related person;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. A certificate of brain death determination;

1. A death certificate and a medical certificate;

1. Application of accident-related photographs and the Acts and subordinate statutes of photographers;

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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

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