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(영문) 수원지방법원 여주지원 2013.08.23 2013고단592
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving vehicle C.

At around 10:03 on May 2, 2013, the Defendant left the said vehicle in front of the Agricultural Cooperatives, which was located in Cheonguri-ri, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong.

A person engaged in driving of a motor vehicle has a duty of care to conduct it after checking the right and the right and the right of the motor vehicle, if it is followed.

Nevertheless, the suspect neglected his/her duty of care in the future, and caused the loss of his/her fault, and caused the loss of the victim D (the age of 86) who was walking behind the above vehicle, to the left side of the victim D (the age of 86) and the body part, with the wheels of the driver's seat after the driver's seat of the vehicle.

Accordingly, the suspect caused the victim's death by negligence on May 24, 2013, from May 24, 2013 to the acute book transfer at the F Hospital's outside department department in the Dong-gu, Busan-dong, Busan-gu, Gyeonggi-do. Around 05:30 on May 24, 2013.

2. On May 22, 2013, the Defendant driving the Potering vehicle at the section of approximately 5 km from May 22, 2013 to October 10, 2013, via the argument that it was impossible to find out whether the vehicle was located in the same Ri as the Dong-dong, Gyeonggi-gu, Gyeonggi-do, without obtaining a driver’s license, from around 06:0 to around 85, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written diagnosis of death of D;

1. The application of Acts and subordinate statutes to the license ledger and the books of reference;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than punishment);

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

1. The Criminal Act;

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