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(영문) 수원지방법원 2015.11.19 2015고단2777
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 DM5 car.

On January 15, 2015, the Defendant driven the said car at around 21:40, and continued to run the car on the front side of the company bank located in 661-3 as the old funeral distance.

At the time, there are nights and there are no crosswalks, and there are many pedestrians crossing the road in the middle of the city, so there was a duty of care to prevent accidents by checking well the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and found out the victim E (the age of 54) crossing the road to port from the right side of the course and did not avoid it, and received the victim with the part above the left side of the SM5 car.

As a result, due to the above occupational negligence of the defendant, the victim died of the victim due to the sudden suspension due to the protruding blood at his job.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. A written result of autopsy;

1. Application of the sending Acts and subordinate statutes to reply to an appraisal, comprehensive traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] General Traffic Accidents Act (Type 2:0 months to October) (Special Mitigation) where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage (a person with special mitigation) and efforts (a person with special mitigation) for the recovery of damage (a person with special mitigation) / [a person with serious fault] decision / the circumstances presented as the special mitigation / the circumstances presented as above / the situation of the accident (a person with considerable fault), the circumstance of the accident (a person without fault) and the result (a person without fault), the defendant reflects his mistake, the first offender, and the comprehensive motor vehicle insurance policy.

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