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(영문) 의정부지방법원 2015.02.05 2014고단3578
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 of the final judgment.

Reasons

Punishment of the crime

On August 15, 2014, at around 03:55, the Defendant driven a Mati vehicle in the two weeks, driving a three-lane road in front of the long distance of both prime viewing, which is located in 1548, Triju-ro, Triju-ro, Triju, with three-lanes in front of the long distance of both prime viewing, from the front side of the front side of the front side of the Criju-do.

At the time, there is an intersection where a signal, etc. is installed at night and there is an intersection, so the driver of the motor vehicle has a duty of care to check whether there is a motor vehicle entering the intersection by reducing speed and checking well the right and the right and the right of the motor vehicle and to safely drive the motor vehicle according to the new code.

However, the Defendant neglected the above duty of care and neglected the change of vehicle progress signals to yellow signal, and neglected to proceed as it was, and led by negligence, the full part of the E-Poter truck drivened by the victim D, who was directly in the same dub gate, was shocked with the right side of the Defendant driver’s vehicle.

On August 20, 2014, the Defendant caused the death of the victim by occupational negligence, such as a multi-pact long-term nursing at a medical clinic located in the Gu-of-government city where the victim was being treated after transmission at around 22:18.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the head of a survey report on actual conditions, field photographs, and report on the result of handling cases of changes;

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 the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [decision of a sentence] for the general traffic accident [Article 62-2 of the Criminal Act] The general traffic accident [Article 2 (Special Mitigation of Traffic Accidents Death, etc.] [decision of the recommended area] the mitigated area] [Article 4-4-10 months to 4-10 months [the scope of the recommended area] the mitigated area] - the general mitigation element: the subscription to the comprehensive motor vehicle insurance, the serious reflector - the increased factor: Violation of signal [decision of a sentence] 10 months, suspended sentence 2 years, community service work.

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