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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단2350
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CCA110 Obba.

On March 13, 2013, the Defendant driven the above Oral Ba on the 14:05th day of March 13, 2013, leading D front of the Goyang-dong, Seoyang-gu to the 1st apartment zone of the same Seocheon-gu.

The Defendant, by negligence, neglected to perform his duty in the front-way space, got the victim to write on the road the upper left part of the victim E (the 69-year old left part) crossing the said road on the left part of the direction of the course of the course. The Defendant got the victim to write on the road due to the shock.

On March 14, 2013, around 07:16, the Defendant had the victim die due to the shock, at the Gansan Hospital of the Dong National University, which was located in the Dongdong-dong-dong-dong-dong-dong-dong-si, Gyeonggi-do-si, Gyeonggi-do-si, and caused the death of the victim due to a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, a traffic accident occurrence report, and on-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Taking into account all the circumstances, including: (a) the relevant criminal facts; (b) Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment; (c) Article 268 of the Criminal Act; and (d) the reason for sentencing of imprisonment without prison labor [Scope of Recommendation] [In a case where there is considerable negligence in the occurrence of a traffic accident even to the victim [a] mitigated area (4 to 10 months] (a person who is subject to special mitigation]; (d) June of imprisonment without prison labor; (e) the victim was negligent in the occurrence of a traffic accident; (e) the victim was negligent in neglecting his/her duty of care in advance; and (e) the victim was negligent

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