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(영문) 수원지방법원 안산지원 2015.09.01 2015고단1785

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 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 April 23, 2015, around 19:30, the Defendant driven the above cargo vehicle in front of the E station located in D at the time of the Gyeonggi Silung-si. On April 23, 2015, the Defendant was driving in front of the E station in front of the E station at the time of the Gyeonggi Silung-si.

However, since the time is night and the place of accident is located, there was a duty of care to prevent accidents by reducing speed as a person engaged in driving of a motor vehicle and safely proceeding with the right and the right of the motor vehicle.

Nevertheless, the defendant did not find out the victim F (54 years old) who illegally crosss the left-hand side from the right-hand side of the invasion course due to negligence of neglecting such duty of care, and did not find out the victim F (54 years old) at time, and received the victim's left-hand side from the defendant's cargo front part, and had the victim go beyond the floor.

As a result, the Defendant caused the death of the victim due to cerebrovasculars while sending the victim to the hospital on April 23, 2015, around 19:43.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, black booms, video (No. 11), field photographs, vehicle photographs, vehicle photographs, body autopsy reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (Scope of Recommendation) arises from the following results: (a) types of general traffic accidents (of February to October) in the area of special mitigation (decision of sentence) [of February] (decision of sentence] in the area of death of the victim; (b) however, there are no criminal records of the same kind.