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(영문) 수원지방법원 평택지원 2013.10.31 2013고단1218
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 the BP car.

At around 17:00 on May 24, 2013, the Defendant, at the right side of the 313 local road surrounding the “Yanmando cafeteria” located in the upper part of the Geum-gu, Jincheon-gun, Jincheon-gun, the bend section of the bend section was driven at an insular speed due to the euthan-si level from the Jincheon-gun, Jincheon-do.

In this case, the driver of a motor vehicle has a duty of care to reduce speed and drive safely by accurately operating the steering side and the steering gear.

Nevertheless, the Defendant neglected this and proceeded without turning the car on the right side of the Defendant’s driving in the direction to prevent the Defendant’s driving from driving, and without going to the right side, and led to the shocking of the Aler’s day after leaving the road to fall and go to the bottom of the Aler’s day.

피고인은 위와 같은 업무상 과실로 피고인 운전의 차량이 추락, 전도되면서, 승용차 뒷좌석에 동승한 피해자 C(여, 66세)이 차량에서 튕겨져 나가 같은 날 18:38경 경기 안성시 D 소재 E병원에서 긴장형 기흉으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. A traffic accident occurrence report;

1. Requests for appraisal;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a traffic accident and resulting in the death of a victim. However, in light of the result of the crime, if the defendant is recognized as committing the crime, it is against the defendant, and the defendant has agreed with his bereaved family members, and the vehicle of the defendant is the vehicle of the defendant.

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