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(영문) 수원지방법원 2014.06.12 2014고단1355
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives two vehicles as his duties.

On February 1, 2014, at around 18:40, the Defendant promoted the roads prior to the entrance of the Suwon Sycho-gu Seoul Sycho-gu 2, 73-10, 73-10 sperm market into two lanes of the three-lane road in the front park distance.

The driver of any motor vehicle has a duty of care to accurately operate the steering gear, brakes and other devices by checking well the traffic situation on the front direction of his/her career, and to refrain from driving his/her motor vehicle at a speed or in a manner that may cause any danger and injury to others.

Nevertheless, when the defendant neglected this and proceeds by negligence, he obtained the victim C (the 75 years of age) who illegally crossed the road to the right side from the left side of the running vehicle of the defendant, from the front part of the driver's vehicle of the defendant, and caused the victim to die due to the blood shock and the heart book transfer during treatment at the patient's clinic around 15:53 on February 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Traffic accident report (1), (2) (2) (the actual survey report); 1. Application of Acts and subordinate statutes to the death diagnosis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendation] general traffic accident [the scope of punishment] shall be determined as ordered in consideration of all the various sentencing conditions, including the following: (a) the mitigation area (4 to 10 months) of the mitigation area (the occurrence of traffic accident) [special mitigation] (the occurrence of death] death in a case where the occurrence of a traffic accident or expansion of damage was caused by gross negligence (the decision of sentencing was made), but the victim also has considerable negligence in the occurrence of a traffic accident; (b) the defendant reflects the nature of the traffic accident; and

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