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(영문) 수원지방법원 안산지원 2014.08.20 2014고단1130

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On April 7, 2014, at around 09:00, the Defendant was engaged in driving the Damar Cormp, and the Defendant was driving the said Dam Corp Corpon on April 7, 2014, and was driving the said Dom 113-ro, Mam-ro, U.S., 113, U.S., to turn to the left at a speed of about 30 km from the offline of the virtue tunnel.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front left left and accurately manipulate the steering gear and brakes so as to prevent accidents.

Nevertheless, the Defendant did not discover, by negligence in the course of duty, that he neglected to turn left the left without any signal, that he gets a bicycle on the right side from the crosswalk without a signal, and did not get a bicycle on the right side, and he received the front wheel part of the above Damael in front of the left side of the above Damael van, and had the victim go beyond the road.

At around 11:20 on April 14, 2014, the Defendant caused the death of a victim by occupational negligence, resulting in the death of a serious cerebral cerebral cerebral Bribery, which had been receiving medical treatment from a luminous hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. On-site survey report, on-site and vehicle photographs, and CCTV-cape photographs;

1. Application of the Acts and subordinate statutes concerning death diagnosis and photographs of the deceased;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the fact that the injured party has partially provided the cause of the accident by passing a bicycle on the crosswalk, the bereaved family members of the injured party do not want the punishment of the accused by mutual consent, the old fact that the accused is old, and the fact that the accused acknowledges and reflects the wrongness