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(영문) 의정부지방법원 2015.11.06 2015고단2991
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 engaged in driving a B-to-pur vehicle.

On May 28, 2015, the Defendant driven the above vehicle at around 18:20, and led the vehicle back to the D parking lot in Gyeonggi C.

In such cases, a person engaged in driving a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in a manner that may cause danger and harm to others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant’s remaining body was 62 years old as a part of the back part of the said passenger vehicle E (the age of 62) where he was working to set a tent in the later bank by taking a speed pedal while driving the pedal.

Ultimately, at around 21:55 on May 28, 2015, the Defendant caused the death of the said victim from low blood shock shock at the Kanyang University Hospital in Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Photographs;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the fact that the defendant commits an error in his/her name and reflects his/her depth, the fact that the victim's bereaved family members and the bereaved family members have agreed to do so, the fact that he/she is covered by a comprehensive insurance, the first offender) of the Act on the Suspension of Execution [Scope of Recommendation] the area of mitigation (4 to 10 months) (4 to 10 months), the area of mitigation (decision of sentence] [special mitigation] (decision of sentence] and one year of suspension of execution;

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