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(영문) 수원지방법원 성남지원 2013.06.20 2013고단460
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On February 1, 2013, at around 23:27, the Defendant proceeded with the road in front of 1634, which is 1634, along the two-lanes, along the two-lanes.

In such cases, a person who is engaged in driving service has a duty of care to safely drive a person with the view to booming the front left and accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and proceeded along without putting the front side properly, and did not find out the victim D (here, 42 years old) who cross the above road to the port from the right side of the direction of the course, and received the victim from the front part of the above van.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the scarcity and scarcity.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to the traffic accident report (1);

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 reason for sentencing under Article 62-2(1) of the Criminal Code of the community service order, Article 59 of the Act on Probation, etc. [The reason for sentencing ] / [the punishment of imprisonment without prison labor / [the scope of recommending punishment] 4 months] - 10 months [the sentence of imprisonment without prison labor / 10 months] / 10 months [the sentence of imprisonment without prison labor / 10 months (the defendant reflects the defendant, the victim also bears the responsibility to cross without permission / 10 months (the defendant deposits 8 million won for the victim and purchased a comprehensive insurance, taking into account that the defendant has no same power to do so)] (whether to suspend the execution of imprisonment with prison labor / [

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