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(영문) 수원지방법원 안산지원 2013.03.27 2013고단105
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 C New-Wood Motor Vehicle.

On October 26, 2012, the Defendant driven the above vehicle at around 19:45, and led to turn to the left at a speed of about 20 km from the three straight-line direction of the main apartment 8-lane management office located in the Kumsan-dong, the main apartment 8-dong, to turn to the left at a speed of about 20 km from the 3 straight-line direction of iron industry.

While it is not easy to secure the view because vehicles are parked on both sides of the road, it is difficult to secure the view because of the passage of many unspecified apartment residents as an apartment entrance. In such a case, a person engaged in driving service has a duty of care to ensure the safety of the course and prevent accidents by accurately manipulating the steering direction and operation of the steering system.

Nevertheless, the Defendant failed to discover the victim D (year 54) who walked around the left side of the Defendant’s vehicle due to the negligence of neglecting this, and caused the victim’s bridge to go beyond the ground due to the shock of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Dongjak-gu Seoul Metropolitan Government E Hospital, which was under medical treatment at around 12:05 of the same month.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning F;

1. The actual condition survey report, field photograph, etc.;

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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Application of the Sentencing] : The scope of the recommended sentence for the type 2 (Death and Injury resulting from Traffic Accidents): Imprisonment with prison labor for the period from August to June (basic area) - the mitigated factors: the criteria for the purchase of the comprehensive motor vehicle insurance and the suspension of the execution of the advanced reflective nature:

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