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(영문) 의정부지방법원 2014.11.06 2014고단3061

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2013, at around 23:25, the Defendant driving of the Lone Star Cargo, and proceeded with the distance of internal agricultural production from the 2nd complex to the Cheongology, both of which are in the Cheongyang-si, Nam-si.

At the same time, since the yellow on-and-off signal is installed, a driver of a motor vehicle has a duty of care to safely proceed by making it possible to ascertain whether there is a vehicle crossing by reducing the speed or temporarily stopping the speed.

However, the Defendant neglected the above duty of care and went into the port from the right side of the course of the defendant's collision by negligence, and caused the victim's death during transmission to the hospital at around November 29, 2013, when the front side of the victim D (Nam, 17 years old) driving the ECA 110 motorcycle, followed the right side of the above Lone Star Cargo, and caused the victim's death during transmission to the hospital at around 23:49.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written result of autopsy [34 pages of documentary evidence], comprehensive analysis document of traffic accident (Evidence Records No. 80 through 90 pages of documentary evidence];

1. Application of the de facto survey report, CCTV image closures, on-site photographs-related statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type II (Death by Traffic Accidents) (Special Mitigation From February to October) (Special Mitigation) - In the event that there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to victims, in the event that victims are also at fault, not subject to punishment (decision of sentence] [decision of sentence] three months without prison labor and one year of suspended sentence;