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(영문) 수원지방법원 안양지원 2018.11.14 2017고단487
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On January 25, 2016, the Defendant driven the above car at around 13:00, and driven it along the two-lanes of the king Franc City, Cheongdo-Jung-ju, which is the exclusive road for the motor vehicle in the Cheongdocdong, along the two-lanes from the middle point of the school to the king Franc City.

Since it is a tunnel section, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by securing safety distance sufficiently and accurately manipulating steering devices and brakes.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 마침 의 왕 터널 입구 우측에 설치된 방책 시설을 자신이 운전하는 C 레 조 승용차로 들이받고 전복됨으로써 차량 밖으로 튕겨 나온 피해자 D(18 세) 을 미처 발견하지 못하고 피고인의 승용차로 그대로 역과 함으로써 피해자로 하여금 증 증 뇌좌상 등으로 인하여 의식 불명의 상태( 식물 인간 상태) 가 되게 하는 중 상해를 입게 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Reports on traffic accidents, and photographs of each case;

1. Sending a comprehensive traffic accident analysis;

1. A medical statement (whether serious injury is inflicted) and a written opinion;

1. A CD 1;

1. Inquiry into facts;

1. On-site reports;

1. A report on internal investigation (a statement of the suspected family member);

1. A report on investigation (a written statement, etc.);

1. Investigation reports (the results of appraisal by the State and a water station, the results of appraisal by the Road Traffic Authority, etc.);

1. Investigation report (one right two pages of investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (a photograph, such as vehicle image at the time of an accident and a victim's blood trace);

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, and Article 268 of the Criminal Act is applicable to the driver of a vehicle following the vehicle ahead of it, and the driver of the vehicle who is going to go through by the vehicle ahead of it, shall be any kind of rupture of the vehicle ahead of it in the relation that the vehicle

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