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(영문) 수원지방법원 여주지원 2015.04.27 2015고단195
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 K5-car.

Around 22:00 on November 22, 2014, the Defendant driven the said car and proceeded along the two-lanes from the right side to the right side of an inn city between the 200-lane and the right side of the two-lanes in the additional intersection, which is located at the additional rate, in lieu of the inn city.

At that time, the restricted speed is not more than 80 kilometers per hour, and since the restricted speed is less than 30 meters in the inside of the inside of the inside of the inside of the road at that time, there was a duty of care to prevent accidents by accurately operating the steering of the vehicle at a speed of not more than 40 kilometers per hour, which reduces 50/100 of the restricted speed, while driving the vehicle at a speed of not more than 40/100 per hour.

Nevertheless, the Defendant neglected to do so and proceeded on a speed of about 87 kilometers per hour, and was driven by the victim C(54 years old) who was stopped by the front part of the vehicle on the side side of the road in the direction of the proceeding, and was driven by the victim C(54 years old) who was standing the front part of the freight in the front part of the said K5 vehicle.

Ultimately, around November 22, 2014, around 23:34, 2014, the Defendant caused the victim to die due to cerebral cerebral brain damage at the nuclear hospital in the 2000ssacula hospital. On the other hand, the Defendant suffered injury to the victim E (here, 21 years of age) who was on board the said K5 car for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A death certificate;

1. Investigation report (field investigation, etc.);

1. A medical certificate;

1. Application of the statutes on response to requests for appraisal;

1. Article 3 (1) and the proviso of Article 3 (2) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts and the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the occupation of death or injury resulting from occupational negligence

1. The Criminal Act among concurrent crimes.

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