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(영문) 수원지방법원 2014.07.16 2014고단1169
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who is engaged in driving the C pressle.

At around 05:38 on November 19, 2013, the Defendant: (a) driven the above van and proceeded on a two-lane road in front of the Jinsung-dong, Suwon-si, Suwon-si, with three-lanes from the northwest to the southwest; and (b) caused the Defendant to be negligent in performing the duty of Jeonju-si on the southwest-do at a speed of about 40K at a speed of 40K; (c) caused the Defendant’s failure to pass the said road without permission to the right side from the left side of the running direction; (d) caused the Defendant to go back to the floor by receiving the Defendant from the front left side of the front left side of the Defendant.

The Defendant caused by such occupational negligence that caused the victim to be in an unidentified state of anti-complosion due to the cerebrovascular transfusion, etc. This led to the victim's death from the F Hospital located in Suwon-si E, Suwon-si, which was being treated at around 09:01 on March 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Protocol of the police statement concerning G;

1. A death certificate;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, agreement with the victim's bereaved family members, the occurrence of a traffic accident due to competition with the victim's negligence, the first offender, etc.) of the Act on the Suspension of Execution (Specially Convicted Persons): Where the victim has a substantial negligence in the occurrence of a traffic accident or the expansion of damage, no penalty surcharge (including efforts to recover damage), if the victim has committed considerable negligence in the occurrence of a traffic accident or in the expansion of damage (including general persons who have contributed to recovery of damage): the history of criminal punishment

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