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(영문) 수원지방법원 성남지원 2013.04.25 2013고단451
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On January 13, 2013, the Defendant, who is engaged in driving DM5 automobiles, driven the said automobiles at around 19:10 on January 13, 2013, and proceeded on three-lane roads in front of the Jinnam-dong 3961, Seongbuk-gu, Sungwon-gu, Sungwon-gu, Sungnam-do, with about 48 KK at the speed from the side of the Jungwon-gu.

At the time of night, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets a way to check the front door well, and to accurately manipulate the steering direction and brake system so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and tried to find out the victim E (the 90-year-old) who illegally crossed the road to the port from the right side of the car driving direction due to the negligence of not neglecting it and driving the road on the front side without permission. However, the Defendant did not avoid it but did not go beyond the ground by receiving the victim's left side bucks from the front side of the car.

Ultimately, at around 03:20 on January 20, 2013, the Defendant caused the death of the victim due to the diversified long-term damage, acute respiratory disorder at the Seoul Special Metropolitan Gwangjin-gu F Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

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. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Article 62 (1) of the Criminal Act] The reason for sentencing [Article 62 (1) of the Act on the Suspension of Execution] 2. - 10 months of imprisonment without prison labor [Article 62 (2) - 10 months (Article 62 (1) of the Act on the Suspension of Execution] 8 months (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Punishment of Victims

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