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(영문) 수원지방법원 여주지원 2013.11.04 2013고단779
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

The defendant is a person who is engaged in driving a cruise car.

At around 16:25 on May 6, 2013, the Defendant driven the above vehicle, and proceeded with the intersection in front of the “hot Spring Park” located in Ethacheon-si, Anacheon-si, with the ethic speed from the ethic side of the “Sacheon-si hotel” to the ethic ethic air.

At the same time, the driver of the motor vehicle had a duty of care to see the front side, to see the left and right, and to drive the motor vehicle safely.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the Daoba of the C Driving, which was proceeding from the surface of the echeon Middle School at the time of the above intersection, to the surface of the echeon Terminal in the above intersection, and did not discover the Daobaba, and shocked the left-hand side of the Daoba on the front left-hand side of the Defendant vehicle.

Ultimately, the Defendant caused the death of the victim E (the age of 16) who was on the part of the Oratob operated by the said C due to the foregoing occupational negligence by the Defendant, at around 18:45 on May 6, 2013, who was under the follow-up treatment at the Gangdong-gu Seoul F Hospital that was under the influence of the treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. A death certificate;

1. The screen after a CCTV closure;

1. Application of Acts and subordinate statutes governing CCTV images of traffic accidents;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] shall be either a traffic crime group, a general traffic accident, and a type 2 [the death of a traffic accident]: No special person under special mitigation: A person not subject to punishment [the scope of recommendation] [the scope of punishment] from April to October (the area of mitigation] of imprisonment without prison labor, there shall be no person under

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