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(영문) 수원지방법원 평택지원 2013.04.25 2013고단138
교통사고처리특례법위반
Text

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

except that 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 of the vehicle B. C.

On December 28, 2012, the Defendant driven the above vehicle at around 20:20 on December 28, 2012, and led to the left-hand turn to about 10 km for the left-hand turn at the speed of 10 km from the outer apartment room.

At the time, it was night and a side road, so a person engaged in driving service has the duty of care to make a left-hand turn after checking the right and the right and the right and the right and the right are well checked before the left-hand turn.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and received the part of the left bridge of the victim C (the age of 51) who walked on the road in the direction of the Defendant’s proceeding from the driver’s seat, and caused the death of the victim who was receiving medical treatment at Pyeongtaek-si Hospital around 08:55 on January 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident occurrence report;

1. A death certificate;

1. Application of each statute on photographs;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant causes a traffic accident and causes the death of the victim. However, in light of the result of the crime, if the defendant acknowledges the crime, it is against the defendant, and the defendant agrees with his bereaved family members, the defendant has no criminal power, and the vehicle of the defendant is covered by a comprehensive insurance, etc., the punishment shall be determined as ordered by the order and the suspended execution shall be sentenced.

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