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(영문) 수원지방법원 평택지원 2015.01.15 2014고단1704
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three 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 of Clearning Motor Vehicle.

On February 3, 2014, at around 06:10, the Defendant was driving the said car on the front of Pyeongtaek-si Doll on the road.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the devices of vehicles, including steering devices and brakes, for those engaged in driving of vehicles.

Nevertheless, the defendant neglected this and caused the defendant's wife E(68 years old) to fall down on the road floor and continued to set up the victim on the right side of the defendant's vehicle in front of the passenger vehicle. The defendant's wife, who was on board in the direction of visibility, led the defendant to turn back the above passenger vehicle in the direction of visibility while driving ahead of the speed.

Ultimately, the Defendant caused the death of the victim due to a large-scale shock from the Agju University Hospital located in the main source of the Suwon-gu, Suwon-si, which had been under the follow-up treatment at around 11:00 on February 3, 2014 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. A traffic accident report;

1. Comprehensive traffic accident analysis report;

1. Blue boxes and video CDs;

1. Field photographs, etc.;

1. The application of Acts and subordinate statutes to a death diagnosis report, autopsy and appraisal report, and a request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is two times the previous case, and since the result of the death of the victim due to gross negligence while driving by interesting, the responsibility for the crime is very unreasonable, but the defendant is divided into the crime, the victim who died agreed with the bereaved family as the wife of the defendant, the children wanted to take the action against the defendant, and the defendant is the aged of 78 years old.

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