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(영문) 의정부지방법원 2015.03.10 2014고단4212
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 a car B.

around 18:35 on October 13, 2014, the Defendant driven a Bnuvia car, and led to the two-lanes of the two-lanes to the port side of the west-ri-ri-ri, Hayang-gu, Hayang-ri, South-do, to the parallel of the two-lanes to the port side of the west-ri.

At the time, since there was a night, there was a duty of care to prevent accidents in advance by safely operating the steering gear, such as accurately manipulating the steering direction and brake system, while living well on the boom and the left and right of the driver of the motor vehicle.

Nevertheless, the Defendant failed to discover the victim C (71 years of age, remaining) crossing the road from the right side of the Defendant driving vehicle to the left side by negligence while neglecting this, and shocked into the front part of the Defendant driving vehicle.

Ultimately, around October 20, 2014, at around 20:30 on October 13, 2014, the Defendant caused the victim's death by the occupational negligence as above, to be a serious fluorial color due to multiple trauma in the emergency room of the South-Namyang-si Hospital in South-gu, South-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, traffic accident occurrence report, and on-site photograph;

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

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, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Scope of Recommendation) of the suspended sentence [Article 62 (1) of the Criminal Act] In the event that the victim was negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage even for the area of special mitigation (two to ten months) (special mitigation) (the special mitigation) of types 2 of general traffic accidents, six months of imprisonment without prison labor and a suspended sentence for one year

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