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(영문) 수원지방법원 2014.07.10 2014고단338
교통사고처리특례법위반
Text

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

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

On July 8, 2013, the Defendant operated DST5 car on July 11, 2013, and proceeded with the Chuncheon Highway located in the Gyeonggi Pyeong-gun SM5-si, Seocheon-si, Seocheon-gu, Seoul.

Since this is an expressway, at the time, there was a duty of care to properly operate the vehicle, the driver engaged in driving service has a duty of care to live well on the front side and the left side, to accurately operate the steering gear and the steering gear, and to safely operate the vehicle.

Nevertheless, the Defendant failed to properly operate the driving system of the said vehicle due to negligence while driving the vehicle, thereby falling into a valley below about 30 meters by drilling the central separation unit and falling into a valley.

As a result, the victim E (n, 20 years old) who was on the back seat of the said car caused the death of the said car on the spot due to the damage of brain water and two heats.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendation] general traffic accident [the scope of punishment] the mitigation area (4 to 10 months) (including special mitigation] [the decision of sentence] the defendant reflects his mistake, the first offender, the victim's bereaved family does not want the defendant's punishment, and all the sentencing conditions such as the occurrence of the accident in this case shall be determined in consideration of the following factors.

Public Prosecution Rejection Parts

1. The summary of the facts charged is the victim G (W, 20 years old) who was on board the back seat of the above SM5 vehicle driven by the Defendant by causing a traffic accident as shown in the facts charged in the judgment of the Defendant.

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