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(영문) 수원지방법원 여주지원 2016.06.15 2016고단77
교통사고처리특례법위반
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 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 a car at C.

On September 26, 2015, the Defendant driven the above car at around 11:00, and driven the front line of the E-vehicle D in Yangyang-gun, with a speed of about 50 km from the inside of the city of the mouth to the e-ray of light.

In this case, there was a duty of care to reduce speed and drive safely by checking the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant, while neglecting his duty at the front time, proceeded with a Mads F (Woo, 73 years old), a 125c motor bicycle riding on the side of the door, and did not discover the bicycle first entering the above long-distance intersection, and was negligent in driving the bicycle on the front part of the car in the above Do, and caused the damage to the front part of the car in the above Do, and caused the bicycle to go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the suspension of cardiopulmonary function due to brain death at the above hospital around September 26, 2015 while he was sent to the hospital located in 679, the same as the Seoul Central District, and received emergency treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. (1) (2) and the occurrence of a traffic accident;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general traffic accidents in Article 62(1) of the Criminal Act [the scope of the recommended sentence] are as follows: (a) mitigation area (one year from April to one year) [the special mitigated person] punishment is not imposed (including efforts to recover damage).

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