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(영문) 수원지방법원 안양지원 2016.02.04 2015고단1933
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without following changes in indictment to the extent that it is deemed that the identity of the facts charged is recognized and that there is no concern about the substantial disadvantage of the defendant

The defendant is a person who is engaged in the operation of BCA110S Obane.

On November 9, 2015, the Defendant driven the upper 09:15 on the upper oba, and proceeded in front of the 3-dong community service center, in the direction of gambling from the upper frith distance.

The road that the Defendant was proceeding was the center line of the yellow-ray, and the crosswalk was located on the front side, so there was a duty of care to see the front side as a person engaging in driving service and to safely operate the tea.

Therefore, the defendant neglected this and went along the opposite lane beyond the median line, and caused the victim to go beyond the road by taking the left side of the victim C (W, 80 years old) who crosses the road north of the crosswalk to the port from the right side of the defendant's proceeding.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E hospital located in Ansan-si D around November 14, 2015, where he had the victim due to brain hystropha, and due to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to cover on-site (defab) photographs (defab) (e.g., on-site photographs (e.g., on-site photographs) (e.g., on-site pictures (e., on-site photographs) 6), black image data (e.g., on-site photographs (e., on-site images) 7), and to cover 19

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is not that of the victim’s death due to negligence, which is not minor to the defendant’s reasons.

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