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(영문) 의정부지방법원 2018.01.31 2017고단4517
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of three 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 vehicle with C investment vehicle.

On July 1, 2017, the Defendant driven the above car around 12:50, and led to the course from the 106 East-do apartment complex in front of the 48 Brudo New Apartment 113 East-do, Dan-ro 39, Jin-Eup, Yangju-do, Yangju-do.

It is a place other than parking, where the passage of a vehicle is restricted, and the passage of apartment residents is frequent, so the driver of the vehicle has a duty of care to reduce the speed and thoroughly implement the duty of flag and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, when the Defendant was negligent in neglecting the duty on the front side and the left side, the Defendant got off the victim D (4 ) who was boarding the kickboard from the front side of the said car to the 113 unit of the said apartment house.

Ultimately, while the Defendant sent the victim to a hospital at around 13:10 on the same day due to the above occupational negligence, the Defendant caused the death of the victim on multiple accounts in the same car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Visual photographs;

1. A comprehensive analysis of traffic accidents;

1. Application of the statutes of the response request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was the defendant's active exhibition, resulting in a fatal consequence of his/her death.

It is difficult for the defendant to bear the responsibility for the result that cannot be frighted.

The defendant shall be subject to death penalty against his bereaved family members and shall reach an agreement.

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