(영문) 수원지방법원 여주지원 2015.10.26 2015고단845

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2015.10.26 2015고단845

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a NAS car in B.

At around 09:30 on August 14, 2015, the Defendant continued to cross-section 138, a 2nd village-based intersection from the area of the KBS Transmission Station, at approximately 30km in speed in the direction of Si/Eup, the yellow flickering signal was installed in the direction of Si/Eup.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by entering the intersection in order to temporarily stop or slowly drive the motor vehicle before entering the intersection and to ensure the right and the right of the road.

Nevertheless, the Defendant neglected this and went through the intersection without reducing speed, and the victim C (the age of 88) who enters the intersection from the 2-ri village village bank to the intersection was driven by the victim C (the age of 88) as the front part of the said car.

Ultimately, the Defendant caused the victim to die due to the death of the heart at around 11:05 on August 14, 2015, when hospitalized in the F Hospital located in E in the game in the event of Gyeonggi-do due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The sentencing grounds prescribed in Article 51 of the Criminal Act are considered in light of the following: (a) although there was a serious result in the death of the victim for the reason of sentencing under Article 62(1) of the Criminal Act; (b) however, the sentencing grounds prescribed in Article 51 of the Criminal Act are considered, such

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