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(영문) 의정부지방법원 고양지원 2016.05.25 2016고단565
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On January 19, 2016, the Defendant driven D Buses around 18:48, and proceeded at a speed of about 30km from the direction of the conversation to the left-hand turn on the road of the front line of the F-do 4 lane in the Seo-gu, Seoyang-gu, Seoyang-si, Seoyang-si.

At the time of night, in such a case, there was a duty of care to safely drive a person engaged in driving service by checking well the right and the right.

Nevertheless, the defendant neglected this and proceeded without properly examining the right and the right and the right and the right and the defendant did not discover the victim G who crosses the road to the right and the right from the left side of the direction of the proceeding and did not get the victim back to the road.

As a result, the Defendant caused the victim to die of a large amount of cages caused by cutting cage cages at the Gansan Hospital located in 170, Seo-gu, Seosan, Seo-gu, Seoyang-gu, Seoyang-gu, Sinsan, Seoyang-gu, Sinsan-ro on January 19, 2016 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had a record of causing a traffic accident in 2013, and that the instant accident was caused is disadvantageous.

However, there is a reason to consider the defendant's attitude to reflect and agreed with the victim's bereaved family members.

In addition, the sentencing conditions, such as the age, sex, environment, and circumstances after the crime of the defendant, shall be determined as per the order.

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