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(영문) 수원지방법원 2015.04.30 2015고단461
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B-wing wing truck.

At around 12:30 on November 10, 2014, the defendant operated the above cargo vehicle and proceeded two-lane national highways in front of D, which are located in the wife population C, from the inside of the national highways to the tolerance level.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected to perform the above duty of care and thereby caused the negligence of driving the train in front of the Defendant to be loaded in the front part of the train in front of the Defendant, and due to the shock, the victim E (the 71-year-old) who is the driver of the train in front of the train in front of the Defendant, caused the shock to fall down on the road.

As a result, due to the above occupational negligence of the defendant, the victim died of the brain livers due to cerebral cerebrovascular in the Asia-si University Hospital located in 164, Suwon-si, Suwon-si, Suwon-si, 21:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] General Traffic Accident Punishment Act (Type 2 (Type 4-10 months) (Class 4-10 months) (the Decision of Special Mitigation) along with the circumstances presented as the above special mitigation (the Decision of Sentence] and the circumstances presented as the above special mitigation, the defendant reflects his mistake, and the fact that there is no record of punishment exceeding the fine, etc. shall be determined as per the Disposition.

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