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(영문) 의정부지방법원 2014.11.07 2014고단2981
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, 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 BM5 vehicles.

On April 14, 2014, the Defendant driven SM5 car on April 19:35, 2014, and driven the two-lane road in front of the entrance of the fish tunnel, 37-7, Y37-7, the two-lanes at the speed of about 112 kilometers at the speed of Si, depending on the 112 kilometers from the spolet bank.

Since there is a section of 70 kilometers a speed limit, there was a duty of care to observe the speed limit and prevent accidents in advance by driving safely.

Nevertheless, the Defendant neglected this and proceeded with a speed of about 112 kilometers a speed exceeding 42 kilometers a speed of 42 kilometers a speed, and instead, the Defendant took the following parts of the Victim C (25 years old) driving Da 124CC driving that was driven on the front side of the car of the Defendant, and received the central separation zone on the left side of the road and the street on the right side of the road in order.

Ultimately, the Defendant caused the injury of the victim E (the 28-year-old) who is a member of the Defendant’s car due to the foregoing occupational negligence, such as the injury of the clorus 9, the right side of the clorus clorus, etc., which requires approximately 2 weeks of treatment, to the victim F (the 30-year-old age-old) of the same passenger, and the injury of the c, such as the tensions and pains, which requires approximately 2 weeks of treatment. On June 28, 2014, around 05:10, the 23-year-old Sinor University Hospital located in Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accident (report on actual condition of traffic accident 1,2);

1. A written statement of E and F preparation;

1. Accident vehicles and on-site photographs;

1. A medical certificate;

1. A death certificate;

1. Application of the Acts and subordinate statutes of sending a comprehensive traffic accident analysis;

1. Article 3 (1) 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. The Criminal Act, the suspension of execution;

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