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(영문) 의정부지방법원 고양지원 2016.01.22 2015고단3224
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 a period of 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 of a Cable motor vehicle.

On October 5, 2015, the Defendant: (a) driven a high-speed motor vehicle and driven the front road of the E golf course located in the Dong-gu, Yongsan-gu, Gyeonggi-do along a one-lane of the three-lanes, the Defendant neglected his/her duty of front-way drinking, thereby neglecting his/her duty of front-way drinking, and caused the victim F (52 years old) who walk the crosswalk pursuant to the pedestrian signals to die in front of the high-speed motor vehicle and caused the victim to die by a shock shock, etc. at that place, despite the fact that the electric-way signal was a red signal.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement of the police statement related to G;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture [the scope of recommended punishment]: Class 2 (Death, etc. by Traffic Accidents) (Special mitigated in April to October): Reduction area (including efforts to recover damage) of the mitigated punishment (including the decision of sentence] [the decision of sentence] Defendant’s failure to wear the crosswalk due to the shock of the damaged party by violating the signal, resulting in the degree of negligence and the result therefrom are very serious.

However, the execution is suspended only once by considering the fact that the bereaved family members have agreed smoothly with the bereaved family members, the fact that the primary offender is the defendant, the fact that the defendant is against himself and has family members to support, the gender, age, occupation, etc. of the defendant.

It is so decided as per Disposition for the above reasons.

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