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(영문) 서울동부지방법원 2013.08.12 2013고단1585
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, 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

The defendant is a person who is engaged in driving a motor vehicle at a low price.

On May 20, 2013, the Defendant driven the above car on May 20, 2017:25, and parked on the road front of Songpa-gu Seoul E-Ba.

Since the location is a floor of a stove house, there was a duty of care to thoroughly operate the brake system to prevent vehicles from getting out of the vehicle and prevent accidents from getting out of the vehicle after checking the condition of the vehicle's stop.

Nevertheless, the Defendant neglected this and caused the victim FF (the age limit 64) on the bridge and the blick part of the blick, where the Defendant got off the blick while leaving the blick in the state where the blick was not operated by the dracker, and immediately caused the said car to be cut off by about 44 meters following the vehicle and the blick part of the dracker.

Ultimately, the Defendant, at around 03:50 the following day, killed the Victim F from H Hospital located in Gwangjin-gu Seoul Special Metropolitan City to the cardiopulmonary stop and brain liver function department.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written Statement;

1. Application of Acts and subordinate statutes, such as a traffic accident report, a report on the occurrence of a traffic accident, a diagnosis certificate, postmortem records, field photographs, reports on the occurrence of a motor vehicle accident, body photographs, 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. Suspension of execution under Article 62 (1) of the Criminal Act (such as the fact that the defendant repents his wrong depth, the fact that the defendant has agreed with the victim's bereaved family members, and the fact that the defendant has no previous record other than the fine once);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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