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(영문) 수원지방법원 2012.12.28 2012고단4670
교통사고처리특례법위반
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2012, at around 20:00, the Defendant driven a Grand Star Co., Ltd. and proceeded with a road of one-lane in front of the Yellow Gas station in the Sinsung-Eup in the Gunsung-si.

However, since at night and there are the center line of the yellow-ray, the driver of a vehicle has a duty of care to safely drive along the lane, despite the fact that there is a duty of care to safely drive the vehicle, the defendant, who neglected this duty, conflict with the other part of the driver D(24 years old) of the victim D(24 years old), who is driving in the opposite lane, with the front part of the driver's vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the 27th 27th 16:10 of the same month by the sexual lebane hospital located in the Dong of Suwon-gu, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Protocol of autopsy, certificate of death, and inspection of the enemy;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. 형의 선택 금고형 선택 [피고인의 과실과 피해 정도가 무거운 점을 감안하여 위 형을 선택한다. 대법원 양형위원회가 공개한 양형기준에 의하면, 이 사건은 일반 교통사고 제2유형의 감경영역에 해당하여 권고형량범위는 금고 4월 ∽ 10월이고, 집행유예는 선택 가능한 경우이다. ]

1. The punishment under Article 62(1) of the Criminal Act, including the fact that the Defendant appears to have reached an agreement with his/her bereaved family members in depth with his/her mistake, the fact that the Defendant’s driver’s vehicle is covered by liability insurance, the fact that the Defendant’s driver’s vehicle has no record of being sentenced to imprisonment, and all other circumstances including the Defendant’s age, family relationship, occupation

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