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(영문) 의정부지방법원 2015.10.16 2015고단2669
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

On February 1, 2015, the Defendant driven the above vehicle at around 13:30 on May 21, 2015, and proceeded with the direction of exit within the parking lot for the E resting area located in D at the inn city.

Since the accident place is a lot of pedestrian traffic, the driver of the vehicle has a duty of care to thoroughly see the front-time duty for those engaged in driving of the vehicle, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

The victim F (n, 81 years old) who crosses the parking lot from the direction of the toilet to the parking lot was shocked by the front part of the above vehicle.

Accordingly, the Defendant caused the victim's death by the occupational negligence above due to the death of the victim due to the suspension of detailed unknownness caused by the traffic accident in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant Article of the Act on Criminal Facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (Selection of imprisonment without prison labor, in consideration of the fact that the death of a victim by

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the case where the defendant's mistake is divided and reflected in his/her mistake, the case where a comprehensive insurance is subscribed to, the case where the victim's bereaved family members and the victim agreed smoothly, the case where relief measures have been taken after an accident, and the case where there has been no criminal power) [the scope of recommendation] the mitigation area (4 to 10 months) (including the case where a special mitigation is made), the mitigation area (4 to 10 months), the mitigation area (including the case where a special mitigation is made) [including the case where a special mitigation is made] the mitigation area (4 to 10 months), and the reason for the suspended sentence (the scope of recommendation] 6 months) and the reason for the suspended sentence 2 years (the scope of recommendation] of general traffic accident (the death of traffic accident).

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