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(영문) 수원지방법원 2015.04.23 2015고단273
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On November 29, 2014, the Defendant driven the said rocketing car on the 15:32th day of November, 2014, and led the front of the “E” restaurant at D at the time of harmony to turn to the left at the seat of the CU JU TU TU T TU T TU TP seat.

At the time, the victim F(73 years old) was crossing the road from the right side to the left side of the course, so in such a case, the driver of the motor vehicle had a duty of care to properly see the front side and the left side, and to prevent the accident by accurately manipulating the steering and the steering system of the motor vehicle.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle and received the victim in front of the rocketing car.

As a result, due to the above occupational negligence of the defendant, the victim died of the injury due to the injury of the defendant at the Dongsung Hospital of the Korea Forest University, which was located in the 7th day of the 16:08 Geongsung-si of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. The reason for sentencing of Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents by the Selection of Sentence, Article 268 (Selection of Depository Punishment) of the Criminal Act [Scope of Recommendation] The sentence shall be imposed in consideration of the following: (a) the occurrence of traffic accidents or the expansion of damage caused by a victim (a person with a special mitigation] in a mitigated area (Article 2) (Article 4-10) of the Criminal Act (Article 268 (Selection of Depository Punishment) (Article 268 (Special Cases Concerning the Settlement of Traffic Accidents, etc.) (Article 268 (Special Cases Concerning the Occurrence of Traffic Accidents) of the death diagnosis report

However, the term of punishment, along with the circumstances presented as the above special mitigation, shall be in addition to the fact that the defendant reflects his mistake, the fact that the defendant is subscribed to the motor vehicle comprehensive insurance, the fact that the bereaved family deposits three million won for the bereaved family, and the punishment once by a fine.

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