(영문) 수원지방법원 안양지원 2015.01.16 2014고단1638

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(영문) 수원지방법원 안양지원 2015.01.16 2014고단1638

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 Done Star vehicle.

At around 22:10 on August 27, 2014, the Defendant: (a) driven the above vehicle at the speed of about 60 km in the speed of Si-speed, depending on the two-lanes from the parallel distance to the Si-speed fire station at the speed of about 60 km of Si-speed, the Defendant: (b) caused the death of the victim E (17 years of age) driving the front part of the front part of the vehicle at the right side of the Defendant’s driving to the left side under the E-(110 U.S.), which was driven by the signal signal even if the Defendant violated the signal signal, due to negligence in the course of his duties and proceeded with, and led to the death of the victim due to serious brain damage around 22:40 on the same day, by taking the front part of the upper part of the Defendant’s driving on the upper left side of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

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 Article 268 of the Criminal Act concerning criminal facts

1. Alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that a person was negligent in violating the reasoning for sentencing under Article 62-2 of the Criminal Act and the fact that the victim died, etc., the punishment as ordered shall be determined by taking into account the following: (a) even though the defendant is put on a severe punishment; (b) the offender is in profoundly reflected in the crime; (c) there is no record of criminal punishment; (d) the insured was covered by a comprehensive insurance; and (e) the bereaved family was paid insurance amount exceeding 300 million won; and (e) the victim did not want

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