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(영문) 수원지방법원 평택지원 2014.08.28 2014고단635
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a sports car.

On December 13, 2013, the Defendant driven the above car at around 12:30 on December 13, 2013, and led to moving back from the front floor of the leap building located on the galp-Eup side of Pyeongtaek-si.

The place has a duty of care to check whether there is any person engaged in driving duty, who is a place where people pass and is in charge of driving duty, and to prevent accidents by driving safely.

Nevertheless, the Defendant neglected this and proceeded with the part of the victim E (the age of 83) who was walking on the rear side of the said vehicle due to negligence, which led to the Defendant’s failure to take care of, and shocked into account, the part of the victim E (the age of 83).

Ultimately, at around 13:42 on the same day, the Defendant caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Madem, which was located in Pyeongtaek-si, Dong-dong 883 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. A traffic accident report;

1. A death certificate;

1. Photographs;

1. Accident moving images;

1. Application of Acts and subordinate statutes to written appraisal;

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 suspended sentence under Article 62(1) of the Criminal Act is to be imposed by taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Road Traffic Act includes several criminal offenses committed by the defendant, and the result of the victim's death is significant; (b) the defendant's vehicle is divided, the defendant's vehicle is covered by a comprehensive insurance; (c) the defendant's bereaved family members agree with the victim; (d) there is no criminal record causing traffic accidents before the instant case; (e) there is a shock accident that does not seem to be a serious accident that causes the driver's walk and walking

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