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(영문) 수원지방법원 평택지원 2013.04.25 2013고단189
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a Bchip car.

On January 15, 2013, the Defendant operated the said car at Pyeongtaek-si C on January 13:18, 2013, and made a left turn to the left at the right-hand from the original corner of the road.

There is a place where the center line of the yellow-ray is installed, and the left turn is not possible, so a person engaged in driving service has a duty of care to make a left turn at the permitted point for left turn.

Nevertheless, the injured party E (the aged 61) who was on the back side of the car of the defendant due to the negligence of neglecting this and the left turn, caused the injured party to go beyond the ground by shocking the F-wheeled vehicle driven by the victim E (the aged 61) who was on the back side of the car of the defendant.

Ultimately, around January 17, 2013, the Defendant had the victim E die due to the above occupational negligence, resulting in the death of the victim from the L-si G Hospital to the diversified long-term marriage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. A death certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a left-hand turn at a place where the defendant is unable to turn to the left, causing a traffic accident and causing the death of the victim. However, in light of the result of the crime, if the defendant acknowledges the crime, it is against the defendant's recognition of the crime, the defendant's agreement is reached only with his/her bereaved family members, and the defendant's vehicle is covered by comprehensive insurance, etc., a suspended sentence shall be imposed on the condition of probation, community service, and order to attend a

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