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(영문) 의정부지방법원 2015.09.16 2015고단2034
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 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 a car in a SP area.

On April 29, 2015, the Defendant driven the above car on April 10, 2015, and proceeded to turn to the left at the left of the 608 parking lot from the front door of the 608 apartment complex.

Since there are many places for the traffic of ordinary pedestrians, in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to safely operate the brake and steering gear by reducing speed and properly operating the steering gear.

Nevertheless, the Defendant neglected to do so and got the victim D (74 years old) who was towing and walking the hand in front of the above parking lot due to negligence, and received the victim D (74 years old) from the defendant's left side of the car.

As a result, the Defendant suffered from the blood transfusion from the victim due to the above occupational negligence, and on May 7, 2015, caused the death of the victim who was receiving medical treatment from the medical hospital at the Gisung Hospital as brain training expenses.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Blue cinematographic photographs;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Motor Vehicle Accident Death, etc.) [Special Mitigation] Punishment and Non-Voluntary (including efforts to recover damage) [Pronouncement Decision] Damage caused by the instant accident, but the Defendant agreed with the bereaved family members, and considering that the Defendant did not have any criminal power against the victim, the sentence shall be determined as per the Disposition.

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