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(영문) 의정부지방법원 고양지원 2016.08.25 2016고단1298
교통사고처리특례법위반
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 buses C.

On April 13, 2016, the Defendant driven the above bus on April 15:15, 2016, and proceeded with a three-distance intersection in front of the gold Paris Pmpon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-c

In this case, the defendant engaged in driving of the motor vehicle has a duty of care to proceed with the motor vehicle in good faith.

Nevertheless, the defendant's negligence in violation of the signals led to the death of the victim due to the severe stop due to the external cerebral cerebral cerebral cerebral cerebral cerebral Spon in the face of the right side of the defendant's running 100 U.S. drive E 100 U.S. to turn to the left at the right side of the front side of the bus of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A corpse 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 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 case where the victim died due to the instant traffic accident] in the area of mitigation (4 months to 10 months), (4 months to 10 months), [including specially mitigated persons] a punishment not for the victim (including efforts to recover from damage] [the case where the victim died due to the instant traffic accident]

In the occurrence of an accident, the fault of the defendant who violated the signal is large, and the result of the crime is very severe, and the responsibility of the defendant is heavy.

However, the defendant is against the victim, and the victim's bereaved family members do not want the punishment of the defendant under the agreement with the victim's bereaved family members (not only but also the victim's non-criminal penalty cannot be the same as the victim's non-criminal penalty). In addition, the records and records of this case

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