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(영문) 수원지방법원 2014.02.13 2013고단5928
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2013, at around 09:50 on July 2, 2013, the Defendant driven the Cwing and Ⅲ freezing, and driven the two-lane road in front of the 4444 Cwing-si, Gyeonggi E-si, along one lane, at a speed of about 56 kilometers per hour. On the part of the Defendant’s driver’s vehicle, the Defendant was unable to find out that the victim D, due to occupational negligence, who was unable to safely drive by checking well the front left and driving along the two-lane, did not drive the bicycle in advance, but did not change the course into one-lane prior to the freezing of the Defendant’s driver’s vehicle, and led the victim to the death of the victim’s bicycle at the F Hospital located in Gyeonggi E-si on July 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The sentence shall be determined as ordered in consideration of the matters prescribed in Article 51 of the Criminal Act, such as the fact that the defendant has no previous conviction for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the driver's vehicle is covered by a comprehensive insurance, the fact that the victim seems to have been negligent by changing the lane without prior notice, and the defendant deposited KRW 10 million for the bereaved family members of the victim, etc.

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