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(영문) 의정부지방법원 2016.05.27 2016고단669

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On January 25, 2016, the Defendant driven the above cargo vehicles around 16:10, and turned back the back road from the side of the 4-day village hall to the right side of the 5-day village hall.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front section, steering system, and brakes of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as it is, while neglecting the view, found the victim E (n.e., 89 years old) who walked, walked, walked, walked, walked, and walked to the right side of the cargo vehicle of the Defendant, followed up the victim’s face.

Ultimately, the Defendant caused the death of the victimized person due to serious cerebral cerebral damage in the modern hospital located at the 21st head of the Eup-ro, a 21st day of the development in Southyang-ju, where the victimized person was under the treatment of the aftermath of the same day due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to field medication;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area of Article 62(1) of the Criminal Act of the Act on the Suspension of Execution (the grounds for sentencing [the scope of recommended punishment] No. 2 of the Act on the Suspension of General Traffic Accidents (the person subject to special mitigation] [the person subject to special mitigation] [the sentenced sentence] 6 months, the imprisonment without prison labor for 6 months, the suspension of execution 2 years: The circumstances favorable to the defendant that cause the death of the victim due to the negligence on the part of the defendant's driving: The defendant is against all of the crimes in this case; the victim's bereaved family