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(영문) 수원지방법원 성남지원 2014.08.14 2014고단972
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 5, 2014, the Defendant driven a Damar Gamb, around C, around 02:15, and continued to run along one-lane of the four-lanes in front of the Seoul Airport, which is located in the 316-1, Mamba-dong, Mamba-dong, Mamba-dong.

At night, in such a case, the Defendant, who is engaged in driving, has a duty to safely drive the vehicle by accurately manipulating the steering direction and brake system of the vehicle while driving the vehicle at night.

Nevertheless, the Defendant neglected to take part in the front direction and found the victim D (the age of 25) who was unauthorized to cross the road in front of the Defendant’s running direction at the time when he was in the front direction, and failed to avoid this, but did not avoid it, and had the victim go beyond the ground by receiving the victim from the front part of the above van.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the emergency room of the branch hospital located in the area of the branch hospital in the area of the branch hospital in Seongbuk-gu, Sungnam-si on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written result of autopsy and postmortem examination;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. The sentencing of Article 62-2 of the Social Service Order Criminal Act, based on the Defendant’s criminal act of this case, results in the victim’s death. However, the accident vehicle is covered by a comprehensive insurance, and the Defendant has not been punished against the Defendant by agreement with his/her bereaved family members, primary offender, and without permission.

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