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(영문) 의정부지방법원 2013.06.25 2013고단1166
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in a 24 tons dump truck driving. On March 29, 2013, the Defendant stopped the above truck to take earth and sand out at the construction site of the apartment complex at Dongwcheon-si on March 29, 2013 and moved to the right side while starting from the construction site of the apartment complex at the same time. As the Defendant was expected to have been present at the work site of construction of the apartment at the same time, the person engaged in driving service was in a duty of care to check the safety of the course by properly examining the front bank and the left and the right of the apartment at the same time, and to prevent the accident from occurring due to negligence in the course of driving, and neglected to do so, the chest part of the victim D (61) who walked on the right side of the above truck at the right side of the above truck and caused the victim's death to the right side of the victim at two pressures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual condition of traffic accidents;

1. A corpse of corpse;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes to investigation reports (statements of accident-related persons and field situations);

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

1. The scope of the final sentence that is recommended by the sentencing guidelines in accordance with Article 62(1) of the Criminal Act on the grounds of the suspended sentence: The scope of the final sentence that is recommended by the sentencing guidelines from January to October of the credit cooperative: the type of crime from April to October of the credit cooperative; the type of traffic accident resulting [special aggravated factors] of the standards for general traffic accidents among traffic crime groups: No mitigated factors: the mitigated amount [the scope of the recommended punishment] [the mitigated amount] mitigated area (from April to October): the mitigated amount (and from April to October): the mitigated amount: the mitigated amount; the recommendation of the suspended sentence based on the advanced reflect or the sentencing guidelines for automobile comprehensive insurance coverage.

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