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(영문) 의정부지방법원 2014.11.14 2014고단2415
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a NAS car.

On July 2, 2014, the Defendant driven the said car at around 14:30, and proceeded to turn to the left, one lane prior to 518-8, Seoyang-Eup, Seoyang-ri, Seoyang-ri, Seoyang-ri, Seoyang-ri, Seoyang-ri, Seoyang-ri, and the second turn to the left.

At the center of the road, the center line of yellow solid lines is installed, so in such a case, a person engaged in driving motor vehicles has a duty of care to operate motor vehicles safely by properly operating the steering gear and observing the lanes.

Nevertheless, the Defendant neglected this and neglected to turn to the left and neglected to turn to the left, and instead neglected to go to the right from the left side of the road, and received the victim E who illegally crossed the road to the right side from the left side of the vehicle of the Defendant.

As a result, the Defendant suffered from her trauman surgery due to occupational negligence on the part of the Defendant, and around 1:00 on July 3, 2014, caused the death of the Defendant due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa, which was being treated by the Hanyang University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to each photograph of a traffic accident site;

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 (including the following favorable circumstances, etc.):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the General Traffic Accidents of Type 2 (Death, etc. caused by Traffic Accidents) in the area of mitigation (4 to 10 months) (special mitigation) of traffic accidents) shall also be damaged by the victim in a case where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage.

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