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(영문) 수원지방법원 여주지원 2014.02.10 2013고단1266
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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

Around 05:51 on November 4, 2013, the Defendant: (a) driven a B Hyundai Seocho-do Car Truck as one of the services, and caused the Defendant to enter the two-lane of the main line of the Young-dong Expressway at night and inside at night at the time when entering the speed from the speed 10km to the speed 10km from the speed gate at the speed gate of the small and medium-to-speed stop at the speed gate in the speed gate-to-face of the small and medium-speed bus, which is located in each kind of lusium in each kind of lusium, in which the Defendant was unable to perform his/her duty of care in the front and rear side of the expressway; (b) in such a case, the Defendant was negligent in neglecting his/her duty of care in the front and rear side of the vehicle; and (c) caused the Defendant’s death to the front left side of the vehicle and caused the damage to the Defendant’s growth vehicle at around 13:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site and autopsy photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the applicable sentences] The grounds for sentencing under Article 62(1) of the Criminal Act : 1 to 5 years [Determination of the applicable sentences] of imprisonment without prison labor : Transport crime group, general traffic accidents, and death or death of traffic accidents (special person: No person under special mitigation: 【Scope of the recommended punishment ] A general mitigation who has no person under general mitigation : A person under general mitigation who has no person under general mitigation : (i) a person under general mitigation : (ii) a person under general mitigation : a person under general mitigation : (iii) a person under general mitigation : (iv) a person under comprehensive motor vehicle insurance : (v) a person subject to suspended sentence ; (v) a person under positive (not subject to suspended sentence; and (v)

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