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(영문) 의정부지방법원 2014.03.27 2014고단309
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of the CM5 vehicle.

On September 12, 2013, the Defendant driven the said car at around 06:22, and neglected to perform the duty of care for the right and the right and the right and the right and the right and the right are exercised while waiting in the middle of five lanes of the monthly intersection road in the Clcheon-si, Kimcheon-si, and caused the death of the victim F (50 years of age) who was on the right right side of the D Driving E in line with the three-lane of the said road by occupational negligence moving back from the Alcheon-si to the three-lane, which was turned back from the Alcheon-si to the three-lane, by driving the said car at around 07:24 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of results of the traffic accident investigation and analysis;

1. A death certificate;

1. The application of the Act and subordinate statutes to a survey report and investigation report (for vehicle 2-rolling stock film images);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [decision of a suspended sentence] The grounds for sentencing under Article 62 (1) of the Criminal Act : Type 2 (Death, etc. of Traffic Accidents) of General Traffic Accidents - Reduction element: Reduction element [decision of the recommended area] Reduction Area [Scope of Recommendation] Reduction Area from April to October [Decision of the Sentence], 4 months to October [Decision of the Sentence]

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