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(영문) 의정부지방법원 고양지원 2015.05.08 2015고단86
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a FEX car.

On October 26, 2014, the Defendant driven the above car at around 19:40 on October 26, 2014, and proceeded along the three-lane road in front of the Gyeonggi Manpower Development Institute, which is located in the dong-dong-dong, from one light village to another.

At the time, it was difficult for the driver of the motor vehicle to take a walk of time. In such a case, the driver of the motor vehicle has a duty of care to prevent the occurrence of the traffic accident in advance by safely driving the motor vehicle by safely driving the steering system, such as taking the front side and left side of the course, operating the steering system accurately.

Nevertheless, the Defendant neglected to do so and did not find out the Victim G (51) who crosses the road on the left side of the Defendant’s driving direction, leading to the right side of the Defendant’s driving direction, and used the victim on the road due to the front part of the said car.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence on October 27, 2014, around 09:52, the Defendant caused the death of the victim due to an acute fluoral blood transfusion at the Japanese Masan Hospital of the 170 Incheon National University.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, death diagnosis report, and driver's license ledger;

1. Application of statutes on site photographs;

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

1. Article 62(1) of the Criminal Act provides that the defendant shall not be held liable for the loss of valuable life due to the defendant's mistake in sentencing.

However, the defendant is in depth against the defendant, and the bereaved family members paid 30 million won to the victim, and the above bereaved family members claimed the defendant's wife.

In this context, the vehicle of this case is covered by a comprehensive insurance, and it cannot be viewed that there is no fault of the victim, and the age, environment, and family relationship of the defendant.

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