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(영문) 의정부지방법원 고양지원 2014.05.23 2014고단538
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

The defendant is a person who is engaged in driving a CA6 car.

On February 14, 2014, around 02:08, the Defendant came to turn to the left at the right edge of a mountain fire-fighting at the remote distance from the place where he was running from the fright to the frightst of a mountain village, which is located in the Paris-dong, Mang-gu, Goyang-si, Goyang-si. 32-2.

The Defendant, due to negligence of neglecting the duty of e-mail, was driven by the victim D(the age of 41) driving from the head of Mayang-gu on the right side of the car of this e-mail, and caused the victim to die by being determined as having a e-mail suspended in a state where the brain function cannot be restored by the brain death determination committee in accordance with the criteria and procedure for determining brain death under the Organs, etc. Transplant Act, due to e-mail, at around 00:20 on February 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident inspection report and a certificate of determination of brain death;

1. Application of the Act and subordinate statutes to investigation reports (CCTV investigation);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: Sentencing conditions for sentencing, such as traffic crimes, general traffic accidents, Type II (Death resulting from traffic accidents), Type of imprisonment without prison labor for the basic area from August to June 1, 200, the death of a victim has occurred due to the agreement between the bereaved family members, the defendant's prior location is the defendant; the defendant has no record of committing a crime exceeding the fine; the defendant has no record of committing a crime beyond the fine; and other conditions for sentencing, such as the defendant's age, character and conduct, family relationship, history of the crime

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