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(영문) 서울중앙지방법원 2013.04.26 2013고단1228
교통사고처리특례법위반
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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 became final and conclusive.

Reasons

Punishment of the crime

Around 07:56 on January 30, 2013, the Defendant was driving a village bus in Seongbuk-gu, Seoul, and proceeded at a speed of about 40 to 50km from the street surface to the speed of about 60-50km, depending on the first line of the Samsung C Apartment apartment 609, which is located in 1283, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, with the first line of the road. The location is an apartment zone where there are many people crossing the usual road without permission. However, the victim D (13 years old) was coming up from the right side of the bus driven by the bend of the bus driving by the bend of the road. Despite the fact that the driver was negligent in performing his/her duty of care to reduce the speed of the bus, and caused damage to the road after being stopped at sufficient intervals or after being stopped, the Defendant tried to open the road to the right side of the victim to the right side of Jongno-gu, Seoul and tried to open the road to the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Description of the written diagnosis of death (Evidence No. 94 pages of evidence);

1. Application of Acts and subordinate statutes to entries in traffic accident reports;

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 (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of the recommended sentence for the sentencing guidelines / [type] the traffic crime group, general traffic accidents, and death of traffic accidents (type 2): Reduction element of punishment (type 2): April of imprisonment without prison labor for not more than 4 months [the scope of the recommended sentence] - October;

2. Determination of sentence:

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