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(영문) 수원지방법원 성남지원 2014.03.27 2014고단134
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

Criminal facts

On December 6, 2013, at around 09:50 on December 6, 2013, the Defendant driving a Grand Cross, and led to two-lanes of the two-lanes in front of the “pop-up” road in Gwangju-si 153, Gwangju-si, to the two-lanes of the two-lanes of the road in front of the “pop-up” road in Gwangju-si.

At the same time, there was a possibility of an accident that has been caused by sand, etc. on the surface of the hacker length and the surface of the hacker. In such a case, the Defendant, who is engaged in driving of the motor vehicle, has a duty of care to accurately manipulate the steering gear and prevent the occurrence of the accident.

Nevertheless, the Defendant neglected this and failed to properly operate the steering wheel and brakes, and caused the said Lone Star truck to break off and take the front part of the e-mail truck right side of the said Lone Star truck, which driven the left one lane, into the left side of the said Lone Star truck, and subsequently, led to the front part of the said Lone Star truck's G Poter's G Poter truck's f (e.g., 53 years old) driven in the opposite direction by the central line, and transferred the said Lone Star truck to the right side of the said Lone Star truck.

Ultimately, the Defendant caused the victim's death by occupational negligence as a result of the suspension of cardiopulmonary function due to the injury to the victim's body at the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. A survey report on actual conditions and a report on occurrence;

1. A written result of autopsy;

1. Application of each field photograph, dead body photograph, or statute;

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 selection of

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant's breach of duty of safe driving, resulting in the death of the victim as a result of collision with the damaged vehicle, which was faced with the central line due to the violation of duty of safe driving.

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