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(영문) 수원지방법원 2014.07.10 2014고단2289
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 who is engaged in driving a motor vehicle of Cnicus.

On February 16, 2014, the Defendant driven the said car at a speed of 70 kilometers a speed of 70 kilometers a speed from the edge of the Nowon Park to the edge of the Nowon Park, while driving the said car at a speed of 22:25 to the parallel of five lanes a speed of 70 kilometers a speed.

On the other hand, since there are frequent traffic and signals installed, a person engaged in driving service has a duty of care to check safety by reducing speed and checking the right and the right and the right and the right and the right and the right and the right and the right are well and to proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 22) who walked along the crosswalk to the right side from the left side of the road by the negligence of driving it on the yellow signal on the front side.

Ultimately, at around 07:23 on February 18, 2014, the Defendant caused the victim’s death in the emergency room of the F Hospital located in E in the e in the ethrified City due to the said occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the basic area (referring to August to one year and six months) of the type 2 of the general traffic accident (referring to a person who is specially mitigated) [including efforts to recover damage] / Where illegality is serious in the proviso of Article 3(2) of the Special School Traffic Act (the decision of a sentence] [the decision of a sentence] of the victim who walked on the crosswalk due to the instant traffic accident, but there is a serious result of the death of the victim who walked on the crosswalk; however, the defendant reflects his mistake, the first offender, and the victim's bereaved family and the victim do not want the defendant's punishment by mutual agreement.

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