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(영문) 수원지방법원 2013.05.16 2013고단428
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

Punishment of the crime

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

On December 15:50 on December 2012, 2012, the Defendant driven the above vehicle, leading to the direction of KMart from the direction of the Jan Middle School to the lower side of the lower-class 150-1, Jinan-dong 150-1.

At the time, the victim D (the 37 years of age) was in walk, so in such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to properly look at the front and rear left, accurately manipulate the steering direction and brake system, and prevent the accident from occurring.

Nevertheless, the defendant neglected this and failed to discover the victim and failed to do so, followed the left-hand bridge part of the victim who walked on the right-hand part of the defendant's vehicle by negligence.

Ultimately, at around 00:23 December 9, 2012, the Defendant caused the death of the said victim by occupational negligence as brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa.

Summary of Evidence

1. Defendant's legal statement;

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

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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act shall be determined like the order, taking into consideration the following factors as provided in Article 51 of the Criminal Act: (a) there is no criminal record against the defendant; and (b) the victim’s bereaved family members

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