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(영문) 수원지방법원 안산지원 2014.04.17 2014고단287
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 at a Dro.

On December 18, 2012, the Defendant driven the above car on December 18, 2012, and proceeded at approximately 80km in the speed of 100 km from the inside of the Ansan-gu Park at the 104-gil-dong at Sinsan-si.

Since a crosswalk is installed in the vicinity of each other, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected to do so and found the victim E (the age of 56) late to the left-hand side from the right-hand side of the above car due to the negligence of proceeding, which led the defendant to go beyond the ground by receiving the victim from the front part of the above car.

After all, the Defendant caused the death of the victim due to the above occupational negligence, such as low-blood shock, etc. caused by the bones of the bones at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol on the accused and F;

1. The police statement concerning G;

1. A report on investigation, a body autopsy, a photograph of a deceased person, a body autopsy, and a protocol of autopsy;

1. Application of the actual condition survey report, road photograph, photograph of the other party, photograph of the other party, report on the occurrence of a traffic accident, photograph taken at the time of the accident, investigation report (field investigation, etc.), on-site investigation photograph, and the Acts and subordinate statutes governing

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, Article 268 of the Criminal Act, and selection of

1. Determination as to the defense counsel’s assertion of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The Defendant: (a) driven a vehicle in compliance with the speed limit and according to the vehicle progress signal; (b) however, the victim gets out of the vehicle.

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