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(영문) 의정부지방법원 고양지원 2018.05.03 2017고단3794
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On November 11, 2017, the Defendant driven the above car at around 12:40, and proceeded to turn to the student comprehensive welfare center from the back of the original station the “intersection at the entrance of the Si/Gun/Gu” located at 1670 as the height of the Gyeonggi-gu, Seoyang-gu.

In this case, the driver of the vehicle has a duty of care to reduce the speed and to turn to the left safely by looking at the situation of the vehicle travelling at the intersection.

Nevertheless, the Defendant received the DYZF-R3(321C) Roster which the victim C(24 tax) driven by the opposite vehicle in accordance with the Eargue Sc that was driven by the victim C(24 tax) who proceeded with the opposite vehicle under the Eargue Sc because the cross-road signal was driven by the straight line and the opposite vehicle was not left-hand.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day at the “F Hospital” located in Gyeyang-gu E in Gyeyang-gu, Gyeyang-gu, Seongbuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by G police;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes concerning internal investigation reports, CCTV images taken around the site, and the leakage of CCTV images;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act / [the scope of the recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (8 months to 2 years) (the person who is subject to special sentencing) / The sentencing decision] / The fact that the elderly defendant has resided without the heavy criminal records until now has been favorable conditions, or that there has been a serious result of the victim's death due to the defendant's negligence, 30 million won for the bereaved family.

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