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(영문) 수원지방법원 여주지원 2016.02.17 2016고단26
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

On September 15, 2015, the Defendant driven the above car at around 08:05, and led to the speed of about 109.8 km in the direction of the direction of the city to move from the direction of the city.

Since the speed of restriction is 60 km per hour and there is a private-distance crossing that is not supported by traffic control conducted on the front side, there was a duty of care to check whether a person engaged in driving service is a vehicle crossing by complying with the speed limit and reducing the speed or temporarily stopping, and drive the vehicle.

Nevertheless, the Defendant neglected to do so at a speed exceeding 49.8 km per hour, and thereby entered the intersection from the right side of the course to the left side of the victim F (W, 63 years old) who is driving on the left side by entering the intersection in the direction of the course. The Defendant received the left side of the 4-wheeled Agricultural Power Transporting Vehicle of the 4-wheeledon as the upper part prior to the right side of the above rocketing car.

Ultimately, the Defendant caused the victim’s death by occupational negligence, at around 11:50 on October 13, 2015, the Defendant caused the victim to death in the Asia-U.S. University Hospital, which was 164 in Young-gu, Young-gu, Suwon-si, Young-si, Suwon-si, to suffer from acute respiratory difficulties due to the diverssis and the pulmonary pulmonary pulmonary efism

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. On-site photographs of the first dynamic measure, strings of strings of strings of strings, photographs of the vehicles;

1. Request for the analysis of traffic accidents and comprehensive analysis of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The general traffic accident type 2 (Death by Traffic Accidents) is not the basic area (from August to January 6) (the person who is subject to special sentencing) (the decision of sentencing) (the decision of sentencing) (the defendant is also one way.

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