(영문) 수원지방법원 2015.04.23 2015고단632

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(영문) 수원지방법원 2015.04.23 2015고단632

교통사고처리특례법위반

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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 a BYFLI car.

On December 11, 2014, the Defendant: (a) driven the said rocketing car on the 19:45th day of December 19, 2014; and (b) continued to drive the road near the new gyston road located in the 1st day of C, in the direction of the running of the rocketing car, at a speed of about 70km per hour from the gyston to the gy on the surface of the new gyst on the gyst on the gyston road; (c) neglected to perform the duty at night while neglecting the duty at night; and (d) received the victim C (the 69-year-old)’s right side side of the right bridge crossing the road to the right side from the left side of the

Due to the above occupational negligence of the defendant, the victim died on December 11, 2014, in the course of being treated by the E Hospital located in Osan City D on December 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Relevant photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] General Traffic Accident (Death resulting from Traffic Accidents) is determined as ordered in consideration of all the various sentencing conditions, including the following: (a) the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (two to ten months) of the Act on Special Mitigation of Traffic Accidents; (b) the victim was not subject to punishment [decision of sentence]; (c) the circumstances presented as the above special mitigation factors; (d) the Defendant reflects his mistake; and (e) the Defendant did not have any other penalty power other than

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