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(영문) 수원지방법원성남지원 2020.12.09 2020고단2769
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. The application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, photograph of the scene of the accident, photograph of the defense counsel, photograph of each case related to each of the images, internal investigation report, death report (in the presence), death report, investigation report (in the presence), investigation report (in the presence), investigation report (in the presence), investigation report, investigation report, and investigation report (in the presence of ctv images), report on the occurrence of a traffic accident;

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 Defendant, on the ground of the suspended sentence Article 62(1) of the Criminal Act, entered a three-distance intersection where no signalling light is available, resulting in the death of a driver by shocking the driver who enters the right side of the road without properly examining the left and the right.

It is inevitable to strictly punish the result of large negligence and infringement of human life.

However, it shall be considered that the defendant is against the defendant and that the defendant does not want the punishment of the defendant but does not have any criminal record by mutual consent with his/her bereaved family members. In addition, the punishment shall be determined as ordered in consideration of the circumstances revealed in the arguments, such as the background of the crime and the circumstances after the crime, the age and health of the defendant, family relationship and living environment

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