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(영문) 수원지방법원 2015.11.19 2015고단4306
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 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 DMof car.

At around 19:00 on September 19, 2015, the Defendant driven a motor vehicle with the upper furite, and came to turn to the right from the 7th side of the water Purri Village Complex to the law tunnel, which came to the front of the Changdong 590, Young-gu, Young-gu, Young-gu, Chungcheongnam-gu.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive according to the new subparagraph after ascertaining whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right of the road.

Nevertheless, even though the Defendant neglected the stop signal, the Defendant got the victim E (the 16-year old) who had a normal crosswalk in accordance with the new subparagraph from the front door of the car in which the car was cut, and continued to serve the victim over the road due to the shock.

As a result, due to the above occupational negligence of the defendant, the victim died of 19:50 on the same day with an external wound scarcity.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Images, field photographs, photographs of shotos, photographs of witnesses, and videos of shotos;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accidents in the category 2 (traffic Accident Death, etc.) (the person who is subject to special mitigation] (the person who is subject to special mitigation] / In the case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (the decision of sentence] / together with the circumstances presented as a special mitigation (the decision of sentence), the defendant reflects his mistake, and there is no record of punishment for the last 30 years.

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