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(영문) 의정부지방법원 고양지원 2013.12.12 2013고단529
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving Csch Rexton vehicles.

On September 16, 2012, the Defendant driven the above vehicle on September 16, 2010, while driving the vehicle, led to a road of one lane in front of the Chungcheongnamnam Chang-ho, which is located in the luminous lusium at the time of strike, from the luminous direction.

At the time, since it was difficult at night, a driver engaged in driving of a vehicle has a duty of care to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and served the victim D (V, 50 years old) who was under way on the road as the above vehicle due to negligence.

The Defendant caused the death of the victim in his job by the above negligence.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Reports on the occurrence of a traffic accident;

1. A report on investigation (for example, No. 32 of investigation records);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. The defendant's defense counsel's defense counsel's defense over the defense of Article 59 (1) of the Criminal Code (see, e.g., Article 59 (1) of the Suspension of Sentence (the negligence of the victim who suffered an accident, the defendant deposited 25,00,000 won against the husband of the victim's husband, and there is no record of criminal punishment against the defendant) of the suspended sentence (see, e.g., Supreme Court Decision 200 million won). The defendant's defense counsel asserted that the traffic accident on the road was only caused by the whole negligence of the victim who was on the road and did not have any negligence of the defendant. However, even according to the defendant's statement,

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