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(영문) 수원지방법원 안산지원 2016.07.20 2016고단1979
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 CSP car.

On April 29, 2016, around 19:40, the Defendant driven a road of approximately 60km in the speed of Si according to the first four parallels from the boundary of the Dong community service center located in the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the Gyeonggi-do and the Gu of the 829 lecture, and the front distance of the high school of the city

At this point, signal lights are installed at the front, and the speed of restriction is 50 km speed, so the driver of the vehicle has a duty of care to keep the speed limit for the person engaged in driving the vehicle, to keep the front door well by observing the signal as well as to prevent the accident by driving the vehicle.

Nevertheless, even though the Defendant neglected this and the green signal has changed to a yellow signal, the Defendant went straight by entering the intersection at a speed of 60 km above the speed of 60 kilometers per hour. On the left side of the front side of the road, the Defendant was unable to find out the victim D who crosses the crosswalk to the right side of the crosswalk without the pedestrian stop signals and was in front of the left side of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as cage cages at around 20:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Protocol of inspection;

1. A survey report on actual conditions;

1. The scene of the accident and photographs of the damaged vehicle;

1. Photographss by cutting booms images of scambling vehicles;

1. Application of the statutes of the response request for appraisal;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Two types of traffic accidents (Death or injury caused by a traffic accident) in the area to be mitigated (from April to one year) (including a person who is specially mitigated), who is not subject to punishment (including a serious effort to recover damage);

2. Determination of sentence;

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