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(영문) 수원지방법원 안양지원 2014.04.11 2014고단121
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of B Poter cargo vehicles.

On December 2, 2013, the Defendant driven the above cargo vehicle around 10:20 on December 10, 2013, and changed the bus line to six-lanes while driving along four-lanes from the direction of the sports ground to the direction of the deep-distance bus stop in the Suyang-dong, Suyang-dong, Scukwon.

In such a case, the defendant engaged in driving service neglected his duty of care to change the course-to-way traffic situation, such as turning on direction direction, reducing speed, etc., and neglected to do so, and caused by negligence to change the vehicle's course from seven-lanes to six-lanes of the victim C(74 years old) driving who changed the vehicle from seven-lanes to six-lanes of the above truck's driving direction, the defendant was able to take back the two-wheeled vehicle to the right side of the victim C(74 years old) driving which changed the vehicle from seven-lanes of the above truck to six-lanes, and the above two-wheeled vehicle is pushed down to the back part of the E-city bus bus stops at the bus stops at the bus stops at the front.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Fagyang-gu Fagdong Hospital during the same day at around 13:42 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site and vehicle photographs;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Crimes and Article 268 of the Criminal Act (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of previous convictions other than fines, absence of negligence falling under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, subscription to a comprehensive insurance, and the agreement with the bereaved family members);

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