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(영문) 의정부지방법원 2018.01.12 2017고단4112
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three 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 cuss car in C.

On July 29, 2017, the Defendant driven the above car at around 22:30, and driven the 588-road at the City of Gyeonggi-si, the Government of Gyeonggi-do, along the two-lanes, along the two-lanes from the intersection of gold to the two-lanes.

At that time, since the traffic control is conducted by signal lights, a person engaged in driving of a motor vehicle has a duty of care to safely drive the front door and the left door and prevent the accident by driving the motor vehicle safely according to the signals instructed by the signal apparatus.

Nevertheless, even though the Defendant neglected this and temporarily suspended the signal apparatus of the moving direction by changing it to yellow signal, the Defendant, by negligence, neglected it and caused the victim's bicycle riding on the right side from the left side of the running direction of the said car to be driven by the front side of the Defendant's driving vehicle, and caused the victim to be faced with the victim's front glass and go beyond the road.

Accordingly, the Defendant caused the death of a person who was injured by the above occupational negligence at the Gi government Matern Hospital located in 271, Gicheon-ro 22:49 on the same day by the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment.

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant's negligence with the reason for sentencing, which led to a very serious loss of human life.

Provided, That the suspended sentence of imprisonment without prison labor imposed on the condition of community service as ordered shall be imposed in consideration of favorable circumstances where the defendant does not want such punishment by mutual consent with the victim's bereaved family members.

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