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(영문) 의정부지방법원 2013.04.12 2013고단427

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

On October 15, 2012, at around 00:22, the Defendant: (a) driven a two-lane B (the 44-year old-old) motor vehicle on the two-lane road of B B B (the 44-year-old) in front of the B B (the 44-year-old) in front of the Yancheon-si, Mancheon-si; and (b) led the victim to die at the cost of brain training around 17:20 on Oct. 18, 2012, the Defendant: (a) was negligent in the course of business, where the gate and fence were installed; (b) the gate and fence were courseed on the road due to the stroke-road driving; (c) the Defendant was able to cause cerebr-doing; and (d) died on Oct. 17: 17, 2012 while being treated as the DD hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) arise due to the negligence of the defendant, which led to the serious result of the death of the victim who is the same person as the defendant. However, the defendant is the first offender with no criminal power, the defendant was covered by a comprehensive insurance, the victim's bereaved family does not have any punishment, and the defendant was a teaching agent on the premise of marriage with the deceased victim, etc., shall be determined by the sentence as set forth in the Disposition.