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(영문) 수원지방법원 2014.08.21 2014고단3232
교통사고처리특례법위반
Text

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

except that 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

The Defendant is a person who is engaged in driving a K5-car.

On April 6, 2014, at around 02:07, the Defendant proceeded at the speed of about 75 km each other at the speed of about 75 km from the bend to the bend direction of a road, at the entrance of the Gaak-si corporation in the Gaak-si, Gaak-si.

At the time, since it is night and there is no street, there was a duty of care to reduce the speed and drive safely by examining the front left.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the said car and received the victim C (56 years old) who crosses the road to the right side from the left side of the said car as the front-hand part of the said car.

The Defendant caused the victim’s death by occupational negligence due to chest damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

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. The grounds for sentencing under Article 62(1) of the Criminal Act (Scope of Recommendation) of the suspended sentence shall be determined as the same as the disposition in consideration of all the various sentencing conditions, including the following: (a) the area where the punishment of general traffic accidents is mitigated (from April to October) (special mitigation) (the area where the victim is negligent in causing traffic accidents or expanding damage (the decision of the sentence) (the decision of the sentence is against the defendant; (b) there is no history of punishment exceeding the fine; and (c) there is no history of punishment exceeding the fine; and (d) the victim's bereaved family members and

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