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(영문) 수원지방법원 안양지원 2015.10.29 2015고단1326
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the E Cost Star.

On May 23, 2015, at around 21:12, the Defendant driven the above van and proceeded to turn to the left at the direction of the mini community service center, from the Gmatet located in the Gu F during Ansan-si.

Since the road on which the defendant wants to enter is not only a one-way road that is prohibited from running in the direction of the defendant's driving, the driver of the motor vehicle has a duty of care to thoroughly see whether there is a pedestrian or a motor vehicle in the direction of driving and to prevent accidents by accurately manipulating the steering direction and operating the steering gear.

Nevertheless, the Defendant neglected the above duty of care and proceeded to the left-hand turn on the above one-way road. However, the victim H (the age of 56) who was under the influence of alcohol on the front side was sent to the front and rear wheels of the left-hand side of the Defendant’s driver.

Ultimately, the Defendant caused the victim’s death by occupational negligence, such as a tension with a tension at the Gelim University Sung-si Hospital located in Ansan-si, around 21:32 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A traffic accident report;

1. A written autopsy and appraisal;

1. A death certificate;

1. Application of the CCTV photograph (No. 3,21), early dynamics photograph (No. 4), accident-related vehicle photograph (No. 5), on-site photograph (No. 6), on-site photograph (No. 7) and Acts and subordinate statutes;

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 defendant's reasons for sentencing under Article 62 (1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) are the victim's fault that did not thoroughly take the time when entering the road for one-way traffic and driving ahead of it.

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