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(영문) 수원지방법원 성남지원 2016.06.23 2016고단389
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving a C-A-hurd motor vehicle.

On October 23, 2015, the Defendant driven the above car at around 00:45, and made a turn to the left at about 60km in speed from Gwangju to the Do road along the two-lanes towards the Do-dong-gu, Sungnam-gu. Seonam-gu.

At the time, the front door of the road was in the night, and there was an intersection where a signal, etc. was installed, so there was a duty of care to reduce speed and prevent accidents by safely driving the motor vehicle in accordance with the signals and the right and the right and the right of the driver.

Nevertheless, even though the defendant neglected to make a left-hand turn without neglecting this, the defendant was driven by the victim D (38 tax) who was proceeding from the mother side to Gwangju in accordance with the straight line, due to the negligence of making a left-hand turn.

Echip low-income vehicle was immediately discovered after and did not avoid it, and as part is adjacent to the right side of the said Achip vehicle, the front part of the Echip vehicle was received from the front part of the Echip vehicle, and the said Achip vehicle was also set ahead by its shock.

Ultimately, at around 01:20 on the same day, the Defendant: (a) caused the death of the Victim F (F) who is a partner of the said vehicle from the foregoing occupational negligence; (b) caused the death of the said passenger by damaging the two parts of the certificate on the road where the said passenger was driven by the said passenger vehicle; (c) at the same time, the victim D suffered an injury of a fluorum base, etc. requiring approximately two weeks medical treatment; and (d) at the same time, damaged the said passenger car to have the repair cost of KRW 30,394,028, such as the exchange of the front fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, D, and H;

1. A traffic accident report;

1. A corpse death certificate;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and practical ideas) and the Road Traffic Act.

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