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(영문) 수원지방법원 안산지원 2013.05.02 2013고단714

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 January 23, 2013, at around 06:15, the Defendant driven a three-lane 729-3 lane in the direction of the 3rd apartment in the direction of the 729-3rd apartment in Ansan-si, Sinsan-si, Sinsan-si, and proceeded at about 40 km each hour by driving a two-lane Do in the direction of the 3rd apartment in the direction of the Han River.

At night and at the time, the driver of a motor vehicle had the duty of care to accurately manipulate the front side and the right and the right and the right and the right of the motor vehicle and prevent the accident due to the failure of the accident, but the defendant was negligent in operating the said multi-use vehicle on the right and right and the victim C (85 years old) who illegally crossed the road on the right and right from the left side of the said multi-use vehicle, when he was negligent in operating the said multi-use vehicle.

Ultimately, at around 12:02 on January 23, 2013, the Defendant caused the death of the victim from her dumnassis in the hospital due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A survey report on the actual condition, a traffic accident occurrence report, related photographs, and a death diagnosis report;

1. Application of statutes to inquiries about criminal records, etc.;

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. Although there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime was committed in light of the result of the instant crime under Article 62(1) of the Criminal Act, there are no criminal records of the same crime and the suspension of execution, and the defendant did not have any criminal records of the same crime and any criminal records of the same crimes. The occurrence of the instant traffic accident has also been committed with the victim's fault, and the victim's bereaved family has been agreed with the victim. The defendant is divided in depth, his social relationship is clear, and his detention entails excessive difficulty for his family members. Other factors such as the motive and background of the instant crime, circumstances after the crime, the defendant's age, occupation