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(영문) 수원지방법원 안산지원 2016.02.04 2015고단2248
교통사고처리특례법위반
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 a math freight vehicle B.

On May 17, 2015, the Defendant driven the above cargo vehicle around 18:30 on May 17, 2015, and came to turn to the left at the home fluor from the front of the apartment apartment in the direction of the Sinung-si.

At the same time, the left-hand turn is a non-protection zone where signal lights are installed, so in such cases, there is a duty of care to safely turn to the left without impeding the flow of other vehicles.

Nevertheless, the Defendant neglected his duty of care and neglected to turn to the left immediately on the left, and received the front portion of the registered 125cc U.S. c. 125cc., which the injured party C (59C) was driving in accordance with the straight line in the opposite direction by the negligence of neglecting the duty of care on the left at the front of the foregoing cargo vehicle.

Accordingly, the Defendant caused the death of the victim by occupational negligence at around 00:25 on June 22, 2015, at around 00:21, 774, Namdong-dong, Incheon, Namdong-gu, Seoul, where he was under the after-the-job treatment, due to the death of the victim at the training completion due to the cerebral cerebral cerebral cerebral cerebral cerebriform in

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of each Act or subordinate statute to entries in the traffic accident report, traffic accident accident report, traffic signal cycle chart, death diagnosis report, and autopsy protocol;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The victim died due to the instant accident in the basic area (from August to January 1) of the second type of traffic accident (the term "accident resulting from traffic accident" in Article 62-2 of the Criminal Act, the scope of punishment recommended for the reasons of sentencing under Article 62-2 of the Social Service Order Act, and the term "order to attend a lecture" and "order to attend a lecture" and "order to attend a lecture" were considered as follows:

When the victim's Oba and the vehicle of the defendant are faced with each other, this shall apply.

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