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(영문) 수원지방법원 안산지원 2014.02.04 2013고단3010
교통사고처리특례법위반
Text

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

However, 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

At around 13:30 on October 30, 2013, the Defendant driven a cargo vehicle of C1 ton from the 536-distance shooting, to a four-lane distance, from the second apartment of the Western River, and proceeded to a four-lane one-lane one-lane one-way one-way one way of the use distance. On November 23:05 on November 23, 2013, the Defendant, by negligence in violation of the signal, caused the victim D (n, 68 years of age) who was standing on the crosswalk green signal from the right side of the said cargo vehicle to the left side of the crosswalk green signal at the right side of the cargo vehicle, sent the victim D (n, 68 years of age) to the front side of the cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. A death certificate;

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

1. Application of the Acts and subordinate statutes to photograph the scene of an accident, body photographs, black booms, and photographers;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the accused is against the order of education; (b) there is no previous conviction; (c) the victim’s bereaved family does not want punishment; (d) the Defendant subscribed to a comprehensive insurance; and (e) the Defendant shocks the victim who dried a crosswalk in violation of the signal. It is so decided as per Disposition for the above reasons

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