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(영문) 수원지방법원 안산지원 2014.09.03 2014고단1458
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 December 28, 2013, the Defendant driven a CM car on December 20:21, 2013, and proceeded two lanes in the two-lane in front of the “strings between Jingu and Jingu,” which is located in the 335-dong, Sinung-si, Sinung-dong, at a speed of about 60 km per hour from the flood slope to the flood slope.

At the time, since it was at night and its location was not a motorway, it has a duty of care to prevent accidents by checking whether a person engaged in driving service has flicked headlights and walked well by checking whether a person is walking on the front door and the right and the right and the right, and operating the steering gear and the brake system accurately.

Nevertheless, the Defendant neglected this and did not discover the victim D who was walking along the right side of the running direction due to the negligence that the right side of the said vehicle was driven by the breakdown or the left side of the front, and was driven by the Defendant with the front part of the said vehicle's steering force, and the two parts of the said vehicle's driving force.

Ultimately, at around 17:05 on January 5, 2014, the Defendant caused the victim’s death by an occupational negligence, from the Yacheon-si Hospital of 170, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul to the death of the victim due to cerebral cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. An accident-related photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is committed by the Defendant while driving a vehicle, resulting in the death of the victim due to the shock of the victim. The victim’s death is in depth due to the Defendant’s acknowledgement of the crime of this case.

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