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(영문) 수원지방법원 안양지원 2013.08.07 2013고단603

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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

On April 11, 2013, the Defendant driving a rocketing car around 20:10, and driving it on April 20, 2013, the Defendant is proceeding from the Chinese apartment room to the academic tent in the vicinity of the entrance of the Jinwon Puwon apartment located in the Guang-si, Goang-si.

To proceed with the opposite line, the U.S. came to be a U.S.ton.

In such a case, a person engaged in driving service has a duty of care to safely drive it by checking well the front left.

Nevertheless, the Defendant did not discover that the victim D (the age of 16) was walking on the road near the entrance of the above apartment complex due to the negligence of neglecting this, and did not discover that the victim D (the age of 16) was walking on the road near the entrance of the above apartment complex in the Han River as an apartment bank, and shocked the victim

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the situation from the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. Application of Acts and subordinate statutes to the scene of an accident, a vehicle involved in an accident, a photo of a changer, CCTVs, and a photographor;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the primary offender, the violation of mistake, the deposit of KRW 15 million for the victim's bereaved family members, the vehicle involved in accidents, etc.) of the Act on the Suspension of Execution [Scope of Punishment] / [Scope of Punishment] from January to June of a credit cooperative / [Scope of Punishment] / Transport Crimes from January to June of a credit cooperative / [Scope of Punishment] / General traffic accidents from August to June of a credit cooperative / General traffic accidents, general traffic accidents in Type 2 (Death resulting from Traffic Accidents)] - There is no amount of money: deposit, comprehensive motor vehicle insurance / there is no record of criminal punishment [whether suspended sentence] - Major illegal grounds: Where death or serious injury has occurred, or where there is no record of criminal punishment: there is no general pride.