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(영문) 수원지방법원 평택지원 2015.04.23 2015고단188
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 drives a cargo loaded in Category B 4.5 tons as his duties.

On December 17, 2014, the Defendant was stopped on the right side of the west coast highway located in the Doro of Pyeongtaek-si, Pyeongtaek-si on December 17, 2014, and on the side side of the 3-lane b) of the west Coast Guard.

However, since there is no place where the driver of a vehicle is permitted to stop or stop, the driver of a vehicle is not likely to obstruct the traffic of other vehicles by installing a post-safety sign so as not to obstruct the traffic of others, or by operating a light, but not taking any measures, the Defendant neglected such duty and thereby caused the death of the victim by failing to take any measures, thereby allowing the victim C to have the rear part of the Defendant’s vehicle parked in front of 25.5 tons of the vehicle driven by the victim C, which was driven by the victim C, as it is, without taking any measures.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

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. The range of recommending sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: Consideration of all circumstances, including the fact that the defendant is insured by the Financial Cooperative in the area where the reduction of the punishment (in April to October) is made, and that the blood alcohol concentration is 0.220% while driving a motor vehicle in the state of blood alcohol concentration of 0.220% and the defendant's vehicle is not entered an expressway, due to the gross negligence of the victim who caused the shock of the motor vehicle;

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