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(영문) 수원지방법원 평택지원 2014.09.04 2014고단996
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On April 30, 2014, the defendant, around 19:45, had been proceeding in front of the Hanyang-si, which is in the Boyang-si, Boyang-si, Sayang-si, Sayang-si, in front of the decision-making committee for the settlement of disputes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and brake system of the motor vehicle by accurately operating the steering gear of the motor vehicle.

Nevertheless, the Defendant did not discover the victim C (at least 55 years of age) who was walking outside the outermost line of the road on the right side of the driving direction of the said car due to occupational negligence, which neglected the front line, and shocked into the front right side of the said car.

Accordingly, at around 01:53 on May 2, 2014, the Defendant caused the death of the victim due to the satisfic shock by blood transfusion at a single university hospital located in Ansan-dong-dong-dong-dong-si on the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. A death certificate;

1. Protocol of inspection;

1. Application of the photographic Acts and subordinate 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. The criminal liability of the defendant resulting in the death of the victim due to traffic accidents on the grounds of the sentencing of Article 62(1) of the Criminal Code of the suspended execution is not sufficient and there is a need for the corresponding punishment.

However, the suspension of execution shall be imposed as ordered by the court, considering the fact that the defendant recognized the crime and divided the victim, the victim's bereaved family members and the first offender, the defendant's vehicle was covered by the comprehensive motor vehicle insurance, the defendant's vehicle was in covered by the comprehensive motor vehicle insurance, and the situation that there seems to be a conflict between the victim who walked on the road with the driver's clothes, and the victim who walked on the road with the driver's clothes seems to be not properly discovered.

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