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(영문) 의정부지방법원 2014.08.21 2014고단1913
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 23, 2013, the Defendant is a person driving C-T truck, and around 13:15 on December 23, 2013, the Defendant was driving the C-T truck and made the left-hand turn to the right-hand turn to the green traffic signal from the 78-2 location of the C-Tri-dong, Gwangjin-gu, Seoul to the 78-2 location of the C-Tri-dong.

Since the place has a three-distance intersection, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right of the motor vehicle and to operate the steering and brake system accurately and safely.

However, the defendant neglected the above duty of care and entered the left left-hand turn to the left-hand edge of the leading lane installed on the street, due to the negligence of entering the right-hand turn from the opposite side of the road at the seat of the new market, the defendant received the right-hand side of the victim D (the age of 46) who turn to the right-hand left-hand turn from the left-hand side of the opposite side of the road at the left-hand side of the flow of the cargo of

At around 02:30 on December 30, 2013, the Defendant caused the death of the victim due to brain paralysis at the Green Hospital annexed to the Jungjin-gu Seoul Central Foundation, Jungjin-gu, Seoul, 49 o.e., 53-gil.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A postmortem report, on-site and photograph of the corpse, and a death diagnosis report;

1. Application of the Act and subordinate statutes on the actual condition of traffic accidents and comprehensive traffic accident analysis replies;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order [decision of type] for general traffic accident (the death of a traffic accident) - The elements for mitigation: In the area of mitigation [decision of the recommended area] the area of mitigation [the scope of recommendation [the general person] from April to October [the scope of recommendation] - In the area of mitigation: the comprehensive motor vehicle insurance;

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