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(영문) 의정부지방법원 고양지원 2014.09.18 2014고단420
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a leisure car in C.

On November 14, 2013, the Defendant driven the above car on November 14, 2013, and proceeded with one-lane road in front of the bus stops located in the Taecheon-gu, Seoul Special Metropolitan City at the time of the strike from the fluence to the view of the legal principles.

At the time, the surface was milked at night and there was no streetlight, so a person driving a motor vehicle had a duty of care to safely drive the motor vehicle by checking the front side well.

Nevertheless, the Defendant neglected this and continued to proceed on the opposite side of the bus, and found the victim D (W, 71 years old), E (n, 64 years old) who crossed the road to the right side from the left side of the bus to the right side of the Defendant’s course, and continued to receive the victim E without facing the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim D by occupational negligence as above, and suffered injury to the victim E, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E;

3. Application of Acts and subordinate statutes to the actual survey report, death diagnosis report, and diagnosis report;

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant's reason for sentencing is an element of sentencing unfavorable to the defendant, such as the fact that one person dies and one person suffers serious injury, and an irrecoverable result has resulted in irrecoverable recovery.

On the other hand, the defendant recognized the facts charged of this case and reflected, and the victim's mistake also caused the accident of this case.

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