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(영문) 의정부지방법원 2017.06.02 2017고단923
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 low-priced car.

On December 5, 2016, 17:21 around 17:1, 201, the Defendant came to turn to the left the front road of the C Borrowing from the Ka service site to the C Borrowing parking lot at the speed of about 5 km at that time.

At the same time, a car has been parked on the left side of the front road, so it is difficult to secure a right-hand turn if the left-hand turn is left-hand, and it is a place where the entry of the residents is frequent, so the defendant engaged in driving of the vehicle has a duty of care to safely drive the vehicle, such as checking whether there is a person in the front left-hand side and the right-hand side of the vehicle.

Nevertheless, it did not discover the victim D (80 years of age) who was seated at the same place due to the negligence of neglecting this, and did not discover the victim D (if so, 80 years of age) who was seated at the above vehicle, and the victim was shocked by the front part of the vehicle, and the victim's ples, etc. who was behind the vehicle.

As a result, the Defendant caused the victim by such occupational negligence to have the victim die in the form of a Maternal Doro 271, the medical treatment of which was conducted after around 18:55 of the same day, due to the death of the victim from a Maternal Matern Hospital of the Government in 271.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment.

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of circumstances, such as the background of accident and the point agreed with the victim's bereaved family members);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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