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(영문) 수원지방법원 안양지원 2017.01.12 2016고단1167
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 driving of X-ray cargo vehicles.

On January 25, 2016, the Defendant stopped on the three-lane roads of the 3-lane of military ex-Gun Samsung Underground Road, Samsung-si, Sinpo-si, Mapo-si, Samsung (hereinafter referred to as "Mapo-si") in the direction of the militaryposi Public Health Center.

At the time, the section of night and the immediately preceding place of parking was the upper bend line, and there was a zone where parking was prohibited, and therefore, there was a duty of care to take safety measures, such as setting up a postlight so as not to obstruct the passage of automobiles passing through the place, and installing a safety sign such as a chill, etc., so as to make it possible for a person engaged in driving business to know the existence of the parked truck, if parking is parked due to breakdown or unavoidable reasons.

Nevertheless, the Defendant neglected this and parked the said cargo vehicle for a long period of more than 2 hours in the cargo vehicle. On January 26, 2016, at around 02:00, the Defendant did not discover the Defendant’s cargo vehicle in the victim D ( South, 23 years old) who proceeded with the location of the CITI-100 9CC-20, and instead did not find the Defendant’s cargo vehicle in the front part, and caused the Defendant’s death to the Defendant by damage to the chest at least 02:45 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. Each investigation report (51 pages, 103 pages of evidence, and on-site investigations);

1. A traffic accident report;

1. A place where emergency medical services are to be performed;

1. A written appraisal of autopsy;

1. A death certificate;

1. Application of Acts and subordinate statutes, such as vehicle photographs;

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 Criminal Act, the suspension of execution;

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