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(영문) 의정부지방법원 2014.06.17 2014고단1210

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On March 10, 2014, the Defendant is a driver of CDama truck. On March 10, 2014, the Defendant was negligent in performing his duty at front of 190 roads at an elementary school where it is possible to drive the said cargo vehicle and left the road as a new intersection. On March 10, 2014, the Defendant was negligent in failing to operate the steering and steering system accurately, and the Victim D (W, 87 years old) crossing the road at the front of the cargo in the front of the cargo was taken as part of the victim D (W, 87 years old) who was crossing the road at the front of the cargo in the front of the cargo, and caused the victim to die at the F convalescent in Seoul Special Metropolitan City, Nowon-gu around 07:00 on March 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site and vehicle photographs, internal investigation reports, and CCTV data for illegal parking or stopping;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of types] for general traffic accidents (the death of traffic accidents): Type 2 (Special Sentencing) (the death of a person resulting from a traffic accident): The mitigation element: the victim's negligence, the victim's non-scept (the victim's bereaved family members and agreement with his/her bereaved family members) [the decision of the recommended sphere] / the special mitigation area [the scope of the recommendation sphere] from February to October [the scope of the recommendation sphere] - the mitigation element: Relief measures after an accident, automobile comprehensive insurance, subscription to a motor vehicle insurance, serious reflects, and there is no record of criminal punishment [decision of sentence] 6 months, probation period, community service 1