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(영문) 수원지방법원 여주지원 2016.09.28 2016고단707
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On May 16, 2016, around 10:35, the Defendant proceeded from the mother side to the nearest 82 km of the road in front of the Do-do, Ison-si.

At this point, there was an intersection where another motor vehicle enters the roadside 60km, so in such a case, there was a duty of care to safely drive the motor vehicle by observing the speed limit to the person engaged in driving.

Nevertheless, the Defendant neglected to do so and proceeded at a speed exceeding about 22 km on the front right side of the Defendant bed the front part of the Defendant’s unregistered co-Engine 50cc motor vehicle driving from the victim E (77 cc) who entered the road on the upper right side of the Defendant bed the front part of the truck.

In the end, the Defendant caused the death of the injured party due to the death of the injured party due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. (1) (2) and the occurrence of a traffic accident;

1. A report on internal investigation:

1. A death certificate (E);

1. Application of Acts and subordinate statutes on field investigation photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident Type 2 (Death, etc. by Traffic Accidents) [the person subject to special mitigation] [including efforts to recover damage] who is not punished (the person subject to special mitigation] [the decision of sentence]] imprisonment without prison labor for the two-year suspended sentence of June, there is no record of having been sentenced to more severe punishment than the same kind of crime and fine, and the defendant has reached a smooth agreement with his/her bereaved family members and the circumstances leading up to the traffic accident in this case, etc.

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