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(영문) 수원지방법원 안산지원 2013.04.04 2013고단305
교통사고처리특례법위반
Text

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

except that 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

The defendant is a person who is engaged in driving a Brenren car.

On August 7, 2012, the Defendant: (a) driven the said car on August 21 and 15, 2012, while proceeding from the Silung-dong to the Silung-dong located in the Silung-dong, and going to the Silung-dong from the Silung-dong to the Silung-dong located in the Silung-dong; (b) due to the negligence that the Defendant was unable to see the electric direction and the left and right, or to accurately operate the steering and steering devices, and (c) was driven by the victim C (20 years old) who was driving from the Silung-dong to the Silung-dong to the Silung-dong; and (d) was in front of the Defendant’s vehicle.

At around 10:13 on September 7, 2012, the Defendant caused the death of the victim due to the external cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala in the hospital of Nam-gu Incheon

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F, G, and H;

1. A survey report on actual condition, a traffic accident occurrence report, on-site photograph, signal cycle tag, death diagnosis certificate, body photograph, autopsy report, receipt of report on 112 crime, and investigation report;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. In light of the fact that there is a significant damage caused by the instant crime under Article 62(1) of the Criminal Act, there is no criminal record against the Defendant, such as the nature of the relevant crime and the fact that the crime is highly serious, but there is no criminal record against the Defendant, and since the vehicle driven by the Defendant at the time of the instant traffic accident is covered by the comprehensive motor vehicle insurance, it is anticipated that the bereaved family of the victim would suffer considerable damage and injury to the bereaved family of the victim. The Defendant has been in depth divided, the social relationship of the Defendant is clear, and the detention of the Defendant entails excessive difficulty to the family members.

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