(영문) 광주지방법원 순천지원 2013.05.22 2013고단151

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(영문) 광주지방법원 순천지원 2013.05.22 2013고단151

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

On November 13, 2012, at around 17:55, the Defendant: (a) driven a CSM5 taxi, and driven a three-lane road in front of the Dobma in the new world located in the Dong of the State of Gwangju City, along one-lane in the direction of salary dust distance, and caused the death of the victim E (the 16-year-old age-old) who was fluoring the central line in the opposite direction by the negligence of the 124C VIVRto, driving the 15-year-old driver, driving the central line in the direction of salary dust distance, and driving the three-lane in the opposite direction; and (b) caused the victim E (the 16-year-old) who was accompanied by the said Dobma to suffer from the injury of the victim D, which requires approximately seven-day medical treatment on the right part of the si; and (c) caused the death of the victim E (the 16-year-old) by brain damage on the spot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to death certificates and medical certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1) and the proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (including the fact that the defendant is the first and second criminal defendant, the agreement with the victim and his bereaved family members, and

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