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(영문) 수원지방법원 안산지원 2014.05.14 2014고단639
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 20, 2014, the Defendant driven a C25 tons car truck belonging to B Co., Ltd. on January 11:20, 2014, and driven the two lanes of the 28-lane 28-lane 3 lanes in front of the Eastern apartment, the Defendant caused the death of the victim D (W, 88 years old) crossing the road from the right side of the running direction to the right side of the said car truck due to negligence, failing to accurately operate the brake system, while driving the two lanes of the 28-lane 28-lane 3 lanes in front of the East East Eastern apartment at the right side of the city, at the right side of the said car in that city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident-related photograph;

1. A photo of the corpse and a written result of autopsy;

1. Application of CCTV Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of sentencing guidelines] : (a) February to October of imprisonment without prison labor / 5 (the scope of sentencing guidelines) where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage caused by traffic accidents; (b) the crime of this case committed in October to 10 of imprisonment without prison labor / the suspension of execution 2 years by the Defendant, which resulted in the death of the victim without permission when driving the vehicle; and (c) the Defendant committed the crime of this case without permission, which resulted in the death of the victim due to the shock of the victim without permission by the Defendant while driving the vehicle. In addition, even if the Defendant could take sufficient measures to avoid the shock with the victim, such as reducing the speed of the vehicle, and thus, is disadvantageous to the Defendant, thereby causing the death of the victim.

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