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(영문) 수원지방법원 안산지원 2012.11.27 2012고단1526
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of B car cars.

On April 27, 2012, the Defendant driven the above vehicle on April 23:35, 2012, and led the front intersection of the Elderly Welfare Center, which is located in the ridged city, to proceed along the two-lanes of the two-lanes of the ridged elementary school from the ridged Library to the ridged elementary school.

At the time, it was difficult to view the view at night, and there is an intersection where signals such as yellow dust are operated, so in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by temporarily stopping at the intersection before entering the intersection before entering the intersection and checking well whether there are other vehicles entering the intersection by safely examining whether there is another vehicle entering the intersection.

Nevertheless, the Defendant was negligent in neglecting and proceeding the above intersection, and the Defendant was placed ahead of the above Kafa in front of the above Kafa in the front part of the Kafa, which was driven by two-lanes of the driver's bank in the front of the two-lane of the national bank.

On May 2, 2012, the Defendant caused the death of the victim E (Nam, 53 years of age) who was a passenger of the above-learning vehicle due to the above occupational negligence, due to brain death at the F Hospital in Ansan-gu, Seoul Special Metropolitan City, where he was under the follow-up treatment on May 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning G;

1. A traffic accident report, traffic accident site and vehicle photograph, on-site photograph, and death diagnosis report;

1. Application of statutes concerning criminal records;

1. Although there are favorable circumstances for the defendant, such as: (a) Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act regarding criminal facts; and (b) Article 268 of the Criminal Act: (a) the defendant repents his mistake in depth; and (c) deposit a total of three million won for the sake of his bereaved family members; (b) however, damage to the victim due to the crime of this case is

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