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(영문) 의정부지방법원 2013.06.14 2013고단924
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving business of Lone Star Motor Vehicle B.

On February 4, 2013, the Defendant driven the above vehicle at a speed of about 60 kilometers a speed of about 17 kilometers per hour according to the direction of Matin from the Seoul bank to the Matin road in the Namyang-dong 17-dong, Geumyang-si, Geumyang-si.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to driving the motor vehicle well.

Nevertheless, the Defendant neglected to do so and found the victim C (the age of 87) coming from the edge of the three-lanes of the said road by negligence, and did not go to the port, but did not go to the right part of the said vehicle, and shocked the victim to the right part of the said vehicle.

Ultimately, around February 4, 2013, around 19:38, the Defendant caused the death of the victim through occupational negligence, resulting in the death of the victim to the E Hospital located in Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs, on-site photographs (on-site photographs)

1. Application of the Acts and subordinate statutes concerning dead body autopsy and deceased photograph;

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

1. Scope of the grounds for sentencing under Article 62(1) of the Criminal Act: The scope of the final sentence recommended by the sentencing guidelines from January to October 5 of the imprisonment without prison labor: The types of crimes from February to October of the imprisonment without prison labor / [the types of crimes] the types of the death of traffic accidents in general traffic accident standards among the traffic crime groups: Where there is considerable negligence on the victim, the reduced factors are also not subject to punishment [the scope of the recommended punishment] [the increased factors of the general sentencing on the sentencing guidelines from February to October] mitigated area (the scope of the punishment by imprisonment without prison labor / the amount of the reduced punishment by the general sentencing guidelines: The reduced factors that are not subject to punishment: the serious reflect and the recommendation of the suspended sentence based on

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