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(영문) 의정부지방법원 2016.04.07 2016고단365
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with a son.

On November 4, 2015, the Defendant driven the above vehicle at a speed of about 60km per hour, driving on the two-way speed of 709:30 square meters, and driving on the two-way road in front of the transmission direction at the 709 intersection in the two-way border.

At the time, crosswalks are installed at night, and there are frequent unauthorized crossings, so in such a case, a person engaged in driving service has a duty of care to prevent accidents by safely driving the front door and the right and the right and the right and the right and the right.

Nevertheless, the defendant neglected this and found the victim C (56 tax) who was moving on the right side from the left side of the right side of the defendant's running direction, and immediately proceeded with the victim C (56 tax). However, the defendant did not avoid it and did not shock the above victim with the front side of the vehicle driving by the defendant.

Ultimately, the Defendant caused the said victim’s death by occupational negligence on November 8, 2015 due to symptoms of the general chronic reaction from a government-specific hospital of the Tol University, located in the 271 Yacheon-ro, Gicheon-ro, Gicheon-ro, Gicheon-ro, Gicheon-ro, 271.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Protocol of inspection;

1. Comprehensive traffic accident analysis report;

1. A death certificate;

1. On-site photographs and photographs;

1. Application of the Acts and subordinate statutes to CDs on mobile records;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act, the area of special mitigation (two months to ten months) [the victim] is also the victim.

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