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(영문) 수원지방법원 안산지원 2015.05.08 2015고단680

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

On January 5, 2015, at around 23:15, the Defendant driving a Cchil bus vehicle, and made the left turn turn to the left in line with the straight signal at a non-protection area at the right turn, depending on the two-lanes between the offside and the left turn from the off side of the Cchid bus at Silungdo.

In such cases, at the time, it is night, and it was difficult for the view of the view to her, and there was no protective area. Therefore, there was a duty of care to accurately check whether there is a vehicle in a direct position according to the good code if it was left to the left in the straight signal, and to accurately operate the steering direction and the brake system, and to safely proceed with it.

Nevertheless, the Defendant neglected such duty of care and neglected to turn to the left, and received the front part of the FP of the Victim E driving in accordance with the new subparagraph from the bend part of the Defendant’s bus side.

Therefore, the Defendant died of the victim from the cardio-human shock, etc. at the Incheon Street Hospital around 04:10 on January 23, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Accident-related video CDs;

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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i., the confession and reflection of the defendant, the agreement with the bereaved family of the victim, the defendant's primary offender, and the victim's negligence

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;