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(영문) 의정부지방법원 2015.06.19 2015고단228
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 freight B.

On November 6, 2014, the Defendant driven the above cargo vehicle around 06:30 on the 06:0 on the 06:0 on the 2014, the two-way road of the 2094 TS3 apartment road was driven from the 2094 TS3-lane to the intersection of the high-Eup/Myeon km distance.

At the time, since the low-water surface was milched, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed to those engaged in driving of a motor vehicle, keeping the front door well, accurately manipulating the steering direction, brakes, etc. of the motor vehicle.

Nevertheless, the defendant neglected this and found the bicycle driven by the victim C(the age of 69) who was going on the front of the defendant and was in progress at the front of the defendant, but did not avoid the bicycle and received the victim bicycle at the right side of the cargo of the defendant.

Ultimately, at around 07:08 on November 6, 2014, the Defendant caused the death of the victim due to the above occupational negligence due to the cerebral cerebral dyssis during the transmission to Tol University’s government-specific hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual conditions, a report on occurrence, and on-site photographs;

1. Attachment of CCTV-cap photographs, shocking photographs, and recording tacosa;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Relevant Article of the Act on Criminal Facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (Selection of imprisonment without prison labor, in consideration of the fact that the death of a victim by

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following: (a) of the suspended sentence (the scope of recommendation) [the mitigated area of general traffic accident(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s

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