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(영문) 수원지방법원 안양지원 2014.06.12 2014고단465
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 January 24, 2014, the Defendant, at around 20:00, driven a fladon car (III) as his duties, and went to the left at the right edge of the Culture and Arts Center in the direction of the right edge of the Defendant’s vehicle, due to the Defendant’s negligence of failing to perform the duty of a fladoning the victim E (55 years old) who illegally crossed the fladon in the direction of the right edge from the left edge of the Defendant’s vehicle, and caused the victim’s death by the flaon of the flaon of the right edge of the flaon and the flaon of the flaon of the fladon.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of the accident site and damage situations of victims;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation: A person subject to special mitigation (from April to October) in the area of mitigation (the death of a traffic accident) of Type II by a cooperative for April to October: Where there is a substantial negligence on the occurrence of a traffic accident or expansion of damage to the victim;

2. Although there was a serious result of the Defendant’s negligence in the determination of sentence, the sentence shall be determined as ordered in full view of the following: (a) the Defendant agreed with the bereaved family members of the victim; (b) the Defendant did not have criminal records, except for one-time fine, and subscribed to a comprehensive insurance; and (c) the victim tried to cross the four-lane road without permission; and (d) the occurrence of the instant traffic accident appears to have caused it.

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