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(영문) 수원지방법원 평택지원 2014.04.16 2014고단100
교통사고처리특례법위반
Text

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

except that 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

On July 25, 2013, the Defendant was a person who is engaged in driving a D-Wed-Wed-Wed-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a straight line, a sidewalk was installed on the right side of the above road. At the end of the above report, pedestrians or bicycle drivers using the above sidewalk were allowed to enter the above road due to the gate, and thus, they had a duty of care to reduce speed and prevent accidents in advance by properly examining the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to verify the bicycle of the victim E (the age of 25) who had been prior to the above report due to negligence in the course of business, which proceeded without examining well the right and the right and the right and the right and the right and the right and the bicycle was not confirmed. Accordingly, the Defendant did not discover the victim who enters the above road adjacent to the above pent, and went beyond the left side of the above bicycle on the front side of the passenger car of the Defendant.

Ultimately, the Defendant caused the death of a victim who was receiving treatment from G Hospital located in Seocho-gu Seoul Metropolitan Government F on July 26, 2013 due to the foregoing occupational negligence by brain escape, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. An accident scene photograph and a report on the occurrence of a traffic accident;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] The traffic crime group, general traffic accident (type 2), April-10 (type 2), imprisonment without prison labor for 6 months, and the instant crime for 2 years of suspended execution are negligent in failing to perform the duty of prior guidance while driving a vehicle.

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