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(영문) 수원지방법원 여주지원 2014.08.29 2014고단467
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 is engaged in driving a freezing Class II.

On April 28, 2014, around 13:00, the Defendant came to run at the speed of 80km from the south to the west of 314.8km in the middle-west Highway 314.8km along the two-lanes.

At the time, the surface was down, and the side was under way to restore the expressway on the side, so there was a duty of care to look at the right and the right and the right of the road well while driving the motor vehicle on the side, and to accurately manipulate the brakes and the steering gear to drive the motor vehicle along the vehicle.

Nevertheless, the Defendant neglected this and continued to drive without reducing speed, and, when flabeded by plucking and digging off Hands on the right side at the front part of the freezing Ⅱ, the Defendant continued to flab the body of the victim E (the age of 31) and F, who walked on the side by the fault attributable to the side, brought about the said flab off in order, and continued to stop on the side by G, a vehicle operating on the side, which is a vehicle operating on the side, the vehicle of Hpoter II, a vehicle driving by the Defendant, the flab part of the flab 2, which was driven by the Defendant.

In the end, the Defendant caused the victim by occupational negligence above to die due to the injury of a long-term and excessive surgery in his job.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, G, and K;

1. A written statement;

1. Application of Acts and subordinate statutes to a written autopsy and postmortem examination report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Code provides that the defendant has agreed with the bereaved family members, and the bereaved family members do not want the defendant's punishment, and the defendant does not have any criminal record of suspended execution or heavier, and made his/her mistake.

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