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(영문) 수원지방법원 2014.05.22 2014고단755
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 drives a vehicle B in the line of duty.

On December 25, 2013, the Defendant driven the above vehicle at around 21:53 on December 25, 2013, and led the front road to the intersection of the Namyang-dong, Namyang-dong at the speed of about 80 kilometers in speed from the south-do to the south-do bank.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to care in preventing accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and caused the death of pedestrians C, 37 years of age B, who illegally crossed on the right side from the left side of the driver's vehicle by negligence, and caused the victim to die from the same place at around 22:07 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of the type] for general traffic accidents (the occurrence of traffic accidents) - In the event that there is a considerable fault due to the occurrence of traffic accidents or the expansion of damage, the victim of the mitigated element / [decision of the recommended sphere] Decision of the Special Mitigation Region / [the scope of recommendation range] February / 10 [the general person] - In the event that the occurrence of negative death or serious injury or escape causes significant danger to life due to the occurrence of the occurrence of traffic accidents or the expansion of damage, the victim of the mitigated element / In the event that there is no positive fault due to the occurrence of traffic accidents - in the event that there is no criminal penalty - the victim of the comprehensive motor vehicle insurance that has not been tried before the suspended sentence / [decision of the sentence].

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