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(영문) 수원지방법원 안산지원 2015.09.10 2015고단2090
교통사고처리특례법위반
Text

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

except that 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 vehicle of one ton in C.

On April 21, 2015, the Defendant driven the above vehicle on April 14:22, 2015, and led to the flow of the oil tunnel, which is golding down at the time of light lighting, from the lower bank to the lower bank.

Since there is a tunnel view, the defendant engaged in driving of a motor vehicle has a duty of care to view the front door and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected his duty of care and found the Tracker that was driven by the victim D (the 60-year old) who was driving before the Defendant’s vehicle due to negligence, and received the rear part of the Tracker as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to the two parts in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. To state a fact-finding report, a traffic accident occurrence report, and a written autopsy report;

1. Application of each of the visual Acts and subordinate statutes to photographs of a melting motor vehicle, photographs of damaged motor vehicles, and photographs of various closures;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. According to Article 62(1) of the Criminal Act, a sentence of imprisonment without prison labor shall be selected in consideration of the following circumstances: (a) the scope of the recommendation of reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: (b) the scope of the general traffic accident in Article 62(1) is subject to special mitigation (two to ten months); (c) the victim’s death was caused by the instant accident;

However, it is all the circumstances such as the agreement with the bereaved family members of the victim and the subscription to a comprehensive insurance, the fact that the victim is negligent in the occurrence of the accident, and the attitude against the crime of this case is shown.

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