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(영문) 수원지방법원 2016.05.04 2016고단652
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the driving of a T-M truck.

On December 18, 2015, the Defendant driven the above cargo vehicle around 01:30 on December 18, 2015, and continued to drive the three-lane road in front of the restaurant E in the wife population D at the port of the Gamban bus terminal, along the three-lane distance of the Uniform Park at the port of the Gamban bus terminal.

The Defendant, who is engaged in driving a motor vehicle, neglected the duty of care to check and drive the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Accordingly, the Defendant caused the death of the victim due to cerebral ma from the H hospital located in G in the wife population G around 07:00 on December 25, 2015 due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Suspension of Execution Act (the grounds for sentencing) / [the scope of recommendation / [2 months -10 months] of the area of special mitigation (the occurrence of traffic accidents) / [the special sentencing person] / the victim is also negligent in causing traffic accidents or expanding damage, the victim is not subject to punishment (the decision of sentence] : The victim's failure to impose punishment : the victim's failure to pay punishment ; the victim's failure to pay punishment ; the victim's subscription to comprehensive insurance; and the victim's failure to do so for about 20 years.

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