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(영문) 의정부지방법원 2018.04.25 2018고단607
교통사고처리특례법위반(치사)
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 CCA110B Oba.

On September 26, 2017, the Defendant driven an over-to-face 18:30 on September 26, 2017, and driven an over-to-face 395 Home plug-ro 395 Home plug-ro, an over-to-face one-lane between the two-lanes in the Green Park.

At the time, the bus stops were located near, so in such cases, a person engaged in driving a motor vehicle has a duty of care to safely operate the bus by properly operating the brake system and live well.

Nevertheless, the defendant neglected this and found the victim D who crosses the road from the right side of the proceeding to the left side of the proceeding direction by his negligence, and received the victim as the front part of the defendant's urbane.

As a result, the Defendant caused the victim to die on September 26, 2017 by occupational negligence by causing the victim to die in a multi-faceted trauma while being receiving medical treatment at the government-specific hospital of a character university, which is located in the 271-ro, Gicheon-ro, Gicheon-ro, Gicheon-ro, 271 (Mieodong).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to E and F;

1. Sending a traffic accident report, report on the occurrence of a traffic accident, and comprehensive traffic accident analysis report;

1. A death diagnosis report or postmortem report;

1. Photographss to take a visual image in which the stoobane runs;

1. Application of Acts and subordinate statutes to photographs by cutting down a video immediately before a stobane is shocked by a pedestrian;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (including the following circumstances favorable to the defendant among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order [the scope of recommended punishment] is not subject to punishment (4 months to 1 year) in the mitigation area (the special mitigation person] (the special mitigation person).

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