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(영문) 수원지방법원 안산지원 2014.01.07 2013고단2802
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for ten months.

except that 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

On August 22, 2013, the Defendant: (a) was engaged in driving of the 5 tons cargo vehicle B; (b) driven the above cargo vehicle around 14:20 on August 22, 2013; (c) proceeded to the area of sewage terminal treatment in accordance with the two-lanes of the 615-4 degree of Masan-si, Sungsan-si; (d) the preceding bus stops on the two-lanes of the above road to stop at the bus stop at the bus stop; (c) the prior bus stops on the two-lanes of the above road; (d) in order to overtake it, the Defendant changed the first lane to the one-lane, due to occupational negligence that neglected the duty of charging and driving at the right side of the road above at the time, and (e) the victim C (n, 68 years of age) who crossed the above cargo vehicle to the right side of the road above at the time, caused the victim's death to the low liver function of the E. M. D. 23:50 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A death certificate;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Protocol of inspection;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, and the

1. We decide as above on the following grounds: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is against the law; (b) the Defendant is covered by a comprehensive insurance; and (c) the victim’s bereaved family members do not want punishment.

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