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(영문) 의정부지방법원 2016.10.07 2016고단2515
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 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 of a Al Pa Pa Pa-car.

At around 11:30 on February 27, 2016, the Defendant came to turn to the left two-lanes of the two-lane road in front C at both sides at the time of Yangju-si.

Since there is a three-distance intersection, the driver of the vehicle has a duty of care to reduce speed to the person engaged in driving the vehicle, to live well on the right and the right, and to operate the steering system and the steering system properly and safely.

Nevertheless, the Defendant neglected this and got the victim D (the age of 83) who crosses the intersection from the left side of the road to the right side of the road due to negligence going beyond the floor.

Ultimately, the Defendant caused the victim by occupational negligence on March 22, 2016, and caused the victim to die due to the shock of satise in the government-based 271, i.e., the luxe University’s Materne Hospital’s Materne Hospital’s Materne Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents (1, 2) and reports on occurrence of traffic accidents;

1. Legal appraisal and reply to inquiries;

1. A medical certificate or death certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The range of recommendations on the sentencing guidelines [the range of recommendations] shall be limited to the range of general traffic accidents of category II (the scope of recommendations] where there is substantial negligence on the occurrence of traffic accidents or expansion of damage to victims in the area where mitigation of traffic accidents (four to one year) is mitigated (special mitigation);

2. The victim is a victim due to the negligence of the defendant.

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