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(영문) 수원지방법원 안산지원 2013.04.09 2013고단140
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2012, the Defendant was a person who is engaged in driving CNF rocketing or other automobiles. On December 9, 2012, the Defendant driven the above vehicle at around 15:45, and proceeded from the Incheon to the water source with three lanes of about 70 km each hour between the two lanes.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately manipulating the front section, the left and left part, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant was negligent in driving a stroke while driving the sidewalk, which was installed on the right side of the front side, and received the body of the victim D (ma, 14 years old), E (ma, 10 years old), and 10 years old from the front of the above vehicle.

After all, the Defendant caused the death of the victim D from the above occupational negligence on December 9, 2012 at the F Hospital in Ansan-gu, Sinsan-si to the "Seknee House", and the victim E suffered approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Each police statement of G and H;

1. Protocol of inspection;

1. A report on the occurrence of a traffic accident (for persons taking initial action), a traffic accident report (1), and (2) (2)

1. A death certificate (D) or medical certificate (Evidence records 134 pages);

1. Each investigation report (Evidence records93, 122 pages);

1. Application of Acts and subordinate statutes to a medical certificate, corpse inspection report;

1. Article 3 (1), the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. The reason for sentencing Article 62-2 of the Social Service Order Criminal Act leads to the death of a young victim by the defendant's deprivation of a report due to driving close.

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