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(영문) 수원지방법원 2014.09.04 2014고단3865
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

On June 12, 2014, at around 11:15, the Defendant: (a) driven a B Poter freight vehicle, and (b) driven the said motor vehicle by the Defendant’s occupational negligence, which failed to drive the said motor vehicle safely while driving the motor vehicle on the back to the right side of the cargo vehicle of the Defendant while driving the motor vehicle in the direction of 537 passenger stations in front of the driver’s station in the direction of the tent, from the view of the tent, in order to discover and overtake the motor vehicle driven by the victim C (the age of 76) in front, the Defendant driven the said motor vehicle on the rear side of the motor vehicle.

Accordingly, the Defendant caused the victim to die by brain livering expenses, etc. at Aju University Hospital located in the Young-si in Suwon-si on June 15, 2014 at around 01:50.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend a lecture [Scope of Recommendation] General traffic accident [Article 62-2(1) of the Criminal Act] [Article 62-2(1) of the Order to Attend a lecture shall be determined as ordered in consideration of various sentencing conditions, such as the following: (a) the mitigation area (Article 2) [Special Mitigation] (Article 4-10 months] and the mitigation area (including serious efforts to recover from damage] [Article 62-2(1)] (Article 62-2(1) of the Criminal Act; (b)

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