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(영문) 수원지방법원 여주지원 2013.04.01 2013고단74
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving a bareboat truck.

On November 25, 2012, 00:01, the Defendant driven the above vehicle at the intersection of “public sports ground ginseng distance” located in Ischeon-si, Leecheon-si, and led to the flow of the two-lane road in Seoul.

At the time of night, there was a duty of care to safely drive a motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and caused the negligence of driving the vehicle on the front side by neglecting it, and caused the victim to go beyond the ground by shocking the right side side of the victim D (the age of 49) who crossed without permission from the left side of the running direction of the vehicle of the defendant to the right side.

After all, the Defendant caused the death of the victim by the above occupational negligence due to the suspension of cardiopulmonary function resulting from cerebrovascular transfusion at the site.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. A traffic accident report (1.2);

1. Application of Acts and subordinate statutes, such as an accident site, vehicle photograph, body photograph, etc.;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [decision of a suspended sentence] The reason for sentencing under Article 62(1) of the Criminal Act : In the event that there is considerable negligence on the occurrence of a traffic accident even for the victim, a person subject to a special mitigation who is not subject to special mitigation: (a) a person subject to a suspended sentence [limited to a person subject to a suspended sentence] under Article 62(1) of the Criminal Act; (b) a person not subject to a suspended sentence [limited to a person subject to a suspended sentence] [limited to a person subject to a suspended sentence]; (c) a person subject to a suspended sentence of a motor vehicle comprehensive insurance [limited to a person subject to a suspended sentence]; (d) a person subject to a suspended sentence of a traffic crime; (d) a person subject to a suspended sentence

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