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(영문) 수원지방법원 2014.05.21 2014고단1303

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 cream car.

On February 11, 2014, the Defendant driving the said car at around 20:07, and driving the said car on a one-lane one-lane road in front of the “on-site vehicle Blubblebbling hand” on the Suwon-si, Suwon-si.

A person who is engaged in driving duties has a duty of care to live well in the front and left well and to accurately manipulate the steering direction and brake system and to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and led to the death of the victim C (A. 67 years of age) who crossed the road to the right side from the left side of the running direction of the motor vehicle in marina course as it is, by the negligence, led to the death of the victim due to cerebral blood, etc. on the site.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to death certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing that are advantageous to the reasons for sentencing below) (the grounds for sentencing): The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing below): Where the victim has committed considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage): there is no record of criminal punishment against the serious reflectness of the purchase of comprehensive motor vehicle insurance (the scope of recommendations)