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(영문) 의정부지방법원 2015.12.23 2015고단3394
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of the DNS car.

Defendant 2015

8.3. At around 11:30, driving the said car, and turn to the left from the direction of the due diligence room, the side of the road in the medical prison in the way of the 111-76 U.S. C. in order to turn to the right of the civil service office.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating steering steering devices, brakes, etc. and safely driving them.

Nevertheless, the defendant neglected to do so and did not discover the victim E (the age of 42) who was living on the front floor of the direction of the defendant's proceeding due to negligence and did not discover the victim E (the age of 42) and took part of the victim's breast part with the wheels of the above car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Gi-Masung Hospital, 271, Gi-ro 271, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, which was under the follow-up treatment on August 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the case where there is a considerable negligence for the occurrence of traffic accidents or the expansion of damage even to the victim (special mitigation person) in the area of special mitigation (two to ten months) of the Act on the Suspension of Execution (the special mitigation person), the victim's fault in the course of the instant accident is considerably large in terms of the circumstances of the instant accident (the decision of sentence], the defendant's bereaved family deposits KRW 30 million after the insurance money was paid out based on the comprehensive insurance subscribed by the defendant, and the defendant has no history of being punished for traffic accidents.

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