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(영문) 수원지방법원 안양지원 2016.02.12 2015고단1743
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a cPoter 2 freezing vehicle.

On August 12, 2015, the Defendant operated the said freezing tower at around 11:40 on August 12, 2015, while driving the said freezing tower, the Defendant was driving in the direction of the airpos in the military air in the front of the distance of the Sinpo-si post office located in the Sinpo-si of Sinpo-si.

At the front of the road, there are pedestrians who attempt to cross the road in violation of the signal in the front of the road, so the driver of the vehicle has a duty of care to check the safety of the course by checking well the right and the right and the right of the road and to prevent the accident.

Nevertheless, the defendant neglected this and found the victim D ( South, 46 years old) who intends to cross without permission in the direction of one lane, and did not find the victim differently from other drivers on the two-lanes and the three-lanes in which the defendant stopped, and caused the other victims to go beyond the land as they are, due to the negligence of proceeding, in the vicinity of the first lane.

On August 13, 2015, the Defendant caused the death of the victimized person due to the death of the Defendant, around 05:40 on August 13, 2015, while he was receiving treatment due to cerebral climatic blood from the E hospital located in Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A death certificate;

1. Application of each statute on photographs;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Traffic Accident Type 2 (Death by Traffic Accidents), the area of special mitigation (two months to ten months) [the victim] also has a substantial fault due to the occurrence of traffic accidents or the expansion of damage (the unauthorized crossing of six-lane without permission at night), and the amount of punishment not to be imposed [the decision of sentence] comprehensive motor vehicle insurance.

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