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(영문) 수원지방법원 안산지원 2016.03.17 2016고단237
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 car in Ctheme.

On November 24, 2015, the Defendant driven the above car at around 17:22, and made a turn to the left at the seat of the king Park at the seat of the Silgu Park at the time of the Gyeonggi City, which is located in the 339-si Park at the time of the Gyeonggi City.

It is the intersection of a private distance and the left-hand turn, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by taking into account the right-hand side and the right-hand side and the right-hand side.

Nevertheless, the Defendant was negligent in operating the car by neglecting it and received the front part of the non-registered motor vehicle driving by the victim D (D, 31 years old) who was driven by the Silified Authority with the front part of the left side of the car.

Ultimately, the Defendant caused injury to the victim E (E and 32 years of age) who was on board the bicycle due to the foregoing occupational negligence, by causing injury to the victim E (E and 32 years of age, such as external wounds, etc.). On December 6, 2015, at the Aju University Hospital located in Young-si, Young-si, Young-si, Young-si, Young-si, U.S., and caused the death of the victim E (E and 32 years of age) due to an emergency injury, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the scope of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of a traffic accident) (the period from April to October) (the period of special mitigation) and the punishment is not imposed (including the serious efforts to recover damage);

2. The fact that the vehicle of the defendant who was sentenced to the sentence is expected to be helpful for the recovery of damage on the part of the victim because the vehicle of the defendant was covered by the motor vehicle comprehensive insurance, and the defendant agreed with the victim.

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