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(영문) 수원지방법원 성남지원 2017.02.02 2016고단3836
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 B Poter II Cargo Vehicles.

On October 7, 2016, the Defendant driving a above cargo vehicle around 13:40 on or around October 7, 2016, and facing a road near a new tri-distance intersection in front of the Gyeonggi-do.

From the IC bank to the new ridge intersection, the two-lanes of the two-lanes of the two-lanes are turned to the left.

At all times, there are an intersection and the center line of the yellow turn line, and when intending to turn to the left, there was a duty of care to make a left turn safely by accurately manipulating the steering direction and operating the steering system of the vehicle and to turn to the left safely.

Nevertheless, the defendant neglected this and attempted to turn to the left at the center line, and the victim D (50 tax) who is proceeding in accordance with the new subparagraph was driven by the victim D(50) in the opposite opposite lane, and received the front part of the E-Engine bicycle driving.

Ultimately, at around 14:55 on the same day, the Defendant caused the victim’s death by the occupational negligence, such as the scarcity, etc. from the Gangseo-gu, Gangdong-gu, Seoul National University Hospital located in Gangnam-ro 892 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. A death certificate;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that although a result of the death of the victim was caused by a violation of the signal of non-protective left-hand turn, considering the fact that the defendant is against himself/herself, there is no previous criminal record, the vehicle of

1. An order to attend a course under Article 62-2 of the Criminal Act;

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