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(영문) 수원지방법원 성남지원 2015.03.26 2015고단146
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 25, 2014, the Defendant, who is engaged in driving a BAbea car, is driving the said vehicle on the right side of the front side of the U.S. military unit located in the lower side of the west-si, and driving the two-lane road into the west side of Gwangju. At night, it was a road where the two-lanes were installed at night, and prior vehicles operating three-lanes on the right side of the front side of the road in the direction of the course came to the front side of the above crosswalk, and the prior vehicles operating three-lanes on the front side of the direction of the course came to the front side of the above crosswalk, and the Defendant, by negligence, failed to perform his duty of care to prevent the occurrence of the accident by accurately operating the steering direction and the brake system, while driving the vehicle on the right side of the front side of the road, and caused the victim to die without permission from the Gangdongnam University to the front side of the said vehicle at around November 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

2. Reports on traffic accidents;

3. A death certificate;

4. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning facts constituting an offense;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The reason for sentencing under Article 59(1) of the Criminal Act (a fine of KRW 3 million to be suspended from sentencing, KRW 100,000 per day to be detained) of the suspended sentence is the case where the victim died, and the importance of the result is recognized.

However, in light of the submitted black image, it is very minor that the defendant was proceeding within a limited speed, and it was difficult to find a victim who was crossing without permission due to a prior vehicle because he was difficult to look around the accident site.

Moreover, the Defendant subscribed to comprehensive insurance.

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