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(영문) 수원지방법원 2016.06.22 2016고단1634
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 the driving of C concrete mixed trucks.

On December 22, 2015, the Defendant driven a above truck on December 11:40, 2015, and driven the two-lane road in front of Suwon-si, Suwon-si, from the direction of the direction of the Do Office, the Defendant driven the two-lane road at the speed of 10km per hour in the direction of the water station.

At the time, there is a bus stop in the right side of the place where people's traffic volume is low, and there is a crosswalk where signal lights are installed on the front side, so in such a case, there was a duty of care to safely drive the vehicle to prevent accidents in advance by safely checking the front and rear side of the vehicle and checking whether there is a person driving the vehicle.

Nevertheless, the defendant neglected this and did not look at the left and right in the atmosphere of vehicle signal and did not discover the victim E (V) who crosses the road without permission from the right-hand side of the defendant's proceeding to the left-hand side, and did not get the victim to take the front part of the defendant's truck and used it on the road, and continued as it is, the victim's face part with the rear wheels of the above truck.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the two colons in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. A traffic accident report;

1. A corpse death certificate;

1. Application of the relevant Acts and subordinate statutes of each related photograph (for example, straw booms and straw booms);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Criminal Act, the area of special mitigation (a period from February to 1) (a period from February to 1) (a person with special mitigation).

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