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(영문) 수원지방법원 성남지원 2016.08.18 2016고단1177
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 a period of 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 the operation of EXE car.

On February 10, 2016, around 01:42, the Defendant proceeded in two lanes, one of three lanes, one of the three-lanes in the fluence of the city of Gwangju, in the white-ro tunnel in front of the Eup.

Since there is a prohibition of change of lanes and inside a tunnel, which is a 80km section at a speed limit, the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side while keeping the speed limit to those engaged in the driver of the motor vehicle.

Nevertheless, the Defendant proceeded at a speed of 153.3 km in speed exceeding 20 km per hour, and even if the change of course was prohibited, the Defendant found a vehicle that proceeds from the same room on the left side line while trying to change course to the left side, and again, lost the center to the right side, thereby leading the vehicle to the left side, opened the vehicle into the left side, opened the soundproof wall on the left side of the tunnel, opened the right side again into the right side, opened the vehicle into the right side, followed by soundproof walls on the right side of the tunnel, and again received the soundproof walls on the right side of the tunnel. In other words, the vehicle turned into the right side and proceeds into the right side, and finally stopped from the third-lane road.

Ultimately, the Defendant caused the death of the victim D (at the age of 19) who was on the back seat of the Defendant’s vehicle due to such occupational negligence as above, and caused the death of the victim E (at the age of 19) on the same spot, and suffered injury, such as brain, in which there are two emergency medical treatment for about three weeks to the same victim E (at the age of 19).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on occurrence of a traffic accident (1) and a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant provision of the Act on Special Cases concerning the Settlement of Traffic Accidents. Article 268 of the Criminal Act (the occupation of occupational and dental doctors) and the settlement of traffic accidents.

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