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(영문) 수원지방법원 평택지원 2015.04.30 2014고단1991
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is engaged in driving of a car at a low price.

On July 30, 2014, the Defendant driven the said car at a speed of 86.72km each hour from the court to the Sejong-dong community service center, along two lanes from the court.

Since there is a signal, the driver has a duty of care to reduce speed and drive safely according to good faith.

Nevertheless, the Defendant neglected this and proceeded with the stop signal while disregarding it as it is, instead, received the front part of the victim E (the age of 19) driving a victim E (the age of 19) driving on the left-hand turn from the side of the Sejong-dong community service center to the Corporation in accordance with the new subparagraph as the front part of the said car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on July 30, 2014 at a H hospital located in Pyeongtaek-si G around 23:20 on July 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report;

1. An accident site photograph;

1. Bluebbbs CD images;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Scope of recommended sentencing guidelines for reasons of sentencing under Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts: Consideration of all circumstances, including the fact that a victim who drives a signal to keep out due to a violation of unilateral signal by an O defendant in the aggravated area (1 to 3 years) of the second type of ordinary traffic accident (the death of a victim of traffic accident), the fact that the victim of the age of 19 years was dead while delivering the Ortobane, the fact that the defendant had the history of causing the past traffic accident, and the fact that the victim has agreed with his/her bereaved family members;

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