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(영문) 의정부지방법원 고양지원 2017.09.14 2017고단2109
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 June 5, 2017, the Defendant: (a) around 13:10, the front road of the Pakju City, from the west side of the west to the gold Paris, was made bypass in accordance with one lane between the three-lanes.

At this point, there is an island of pedestrian safety, and in this case, the driver has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Nevertheless, the Defendant neglected to do so and seeed the victim D(54) who is working on the sidewalk block to move into a pedestrian safety island without reducing the speed, and has shocked the victim D(54) on the front side of the Defendant’s vehicle.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence by damaging the two parts of evidence in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A corpse death certificate;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes governing accident scene 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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Order to Attend shall be limited to two types of general traffic accidents (the death of traffic accidents) [4 months-1 years] [the person with special mitigation] punishment not (including efforts to recover damage] [the sentence] of this case, the victim died due to the traffic accident in this case, and the defendant's negligence is very large in the occurrence of the accident.

The result of the crime is very severe that the responsibility of the accused for the crime is not easy.

However, it is against the defendant, and it is the first offense.

The defendant does not want the victim's bereaved family member to be punished by the defendant under the agreement with the victim's bereaved family member (the victim's bereaved family member's penalty is not the same as his or her non-guilty victim's punishment). The motor vehicle operated by the defendant

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