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(영문) 의정부지방법원 고양지원 2016.08.12 2016고단1266
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving DNA vehicles.

On January 21, 2016, the Defendant driven the above Lone Star Co., Ltd. at around 17:22 on January 21, 2016, and made a left-hand turn-hand turn-hand at the front of the 101 Gidong Community Service Center, Sungyang-gu, Yangyang-gu, 790, Sungyang-gu, Seoul, to the front of the 101 Gidong Community Service Center, from the backside of the original road, at the right-hand turn-hand one-lane of the original road.

At this point, the driver has a duty of care to check the progress of the preceding vehicle and to safely drive the vehicle, if the vehicle is prior to bypassing or moving the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are accurately

Nevertheless, the Defendant neglected this and went to the left without examining the right and the right and the right and left, and found at the latest the victim E (79 years old, female) who was crossing the above shooting distance from the backside of the original party to the left side of the original underground roadway, and operated it to avoid this, but did not avoid it, and had the victim go to the road by receiving the victim from the fronter of the right and the right and the right and the right-hand turn.

Ultimately, the Defendant caused the death of the victim from G hospital G in Gyeyang-gu F at the time of Goyang-gu at around 17:33 on the same day due to the above occupational negligence by using low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on the actual condition and a corpse death certificate;

1. Application of Acts and subordinate statutes by cutting down a photograph of an accident or a ctv course installed at the place of accident;

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

1. The Defendant’s negligence on the grounds of sentencing under Article 62(1) of the Criminal Act prevents his/her responsibility to lose his/her valuable life.

The accident time and traffic situation of this case, conflict.

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