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(영문) 의정부지방법원 2013.04.26 2013고단510
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-II cargo vehicles.

On October 29, 2012, the Defendant driven the above cargo vehicle around 19:15, and proceeded with the wind-speak road in front of the Hanwon Steel-gun's written and repair, from 17-ri to 2-ri-ri, the speed of 30 km from the 19:15 to 30 km.

Since there are frequent unauthorized crossings, a person engaged in driving service has a duty of care to live well and drive safely.

Nevertheless, by neglecting this, the victim C (the age of 67) who was crossing the left-hand side from the right-hand side of the progress direction due to negligence, was found to be late, and the above victim was shocked with the front part of the cargo vehicle, and the victim was killed due to the pulmonary part due to the d hospital located in Gangwon-gun, Gangwon-gun on October 29, 2012 while receiving treatment at the D Hospital located in Gangwon-gu.

Accordingly, the defendant caused the death of the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

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

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. The scope of the final sentence that is recommended by the sentencing guidelines in accordance with Article 62(1) of the Criminal Act on the grounds of the suspended sentence: The scope of the final sentence that is recommended by the sentencing guidelines from January to October of the credit cooperative: the type of crime from February of the credit cooperative to October of the credit cooperative; where there are no aggravated factors in the type of traffic accident [special sentencing] of the standards for general traffic accidents among traffic crime groups: Where the victims are at considerable negligence due to the occurrence of traffic accidents or the expansion of damage, the victim shall also be punished in a case where there is no aggravated factor in the occurrence of traffic accidents (including a serious effort for recovery of damage): the scope of the recommended punishment [from February to October of the year] mitigated area (including the amount of recommendations): The mitigated factor that there is no aggravated factor in the sentencing guidelines that is the general form of punishment: the purchase of the comprehensive automobile insurance policy

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