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(영문) 수원지방법원 2015.04.08 2015고단230
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 15, 2014, the Defendant driving a two-way-learning passenger car as a duty on November 15, 2014, and driving the front road in the area C in the sphere of Suwon at the time of Suwon.

Since victim E (the age of 39) is prone at the front edge of the running direction, in such a case, there was a duty of care to look at the driver well in the front, and to accurately manipulate the steering direction and the brake system to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim late by his negligence and operated it late, but the defendant did not avoid being faced with it, and received the victim from the front part of the above car and made the victim go beyond the road.

Ultimately, at around 01:55 on the same day, the Defendant caused the victim to die due to the damage to the two sides at the lusium of the Silver University, which is located in the 93 Blusium in Suwon-si, Suwon-si on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Each request for appraisal;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes governing household effects photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Special Mitigation) [Special Mitigation in April-10] [including efforts to recover damage] [Article 62(1) of the Criminal Act] In the area of mitigation [Article 62(1) of the Criminal Act] [Article 62(1) of the Criminal Act [Article 62(1) of the Punishment Act] [Article 62(1) [Article 62(1) of the Compensation Act] [Article 62(1) [Article 62(1) of the Compensation Act] [Article 62(1) [Article 62(1) of the Criminal Act was committed while the victim died due to the Defendant’s crime of this case, the Defendant’s first offender

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