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(영문) 수원지방법원 성남지원 2013.05.09 2013고단662

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving vehicles B.

On March 5, 2013, the Defendant driven the above Poter vehicle on March 5, 2013, and tried to proceed one lane near the Seo-dong Three-lane in Gwangju City from the Gwangju City to about 20km in speed.

Since there is a one-lane, a person engaged in driving duties of a motor vehicle has a duty of care to safely drive the dong and steering gear in a correct manner.

Nevertheless, the Defendant neglected this and got the victim C (the aged 81) who driven a bicycle prior to the direction of the running of the Poter vehicle by negligence, to go beyond the right shoulder part of the above Poter vehicle.

Accordingly, around 10:03 on March 8, 2013, the Defendant caused the death of the victim due to brain pressure at the hospital in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the traffic accident report (1) (2) Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are determined by comprehensively taking account of the following: (a) the defendant's reason for sentencing under Article 62(1) of the Criminal Act reflects the fact that he/she agreed with the victim's bereaved family members; (b