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(영문) 의정부지방법원 2017.02.17 2015고단3924
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 Dsch Rexton car.

around 07:40 on July 4, 2015, the Defendant driven the said car at the front of the E-distance Intersection at Yangju-si, and led to turn to the left at the entrance of the entrance of the camp of Korea University at the 2nd village hall in the valley of the e-mail.

The place is a place where there is a obstacle to the view of the road because there is an crops around the road, and the width of the road after left turn is wider than that prior to proceeding to the left, and in such a case, when there is another vehicle driving on a road with a wide width, the driver of the vehicle has a duty of care to safely proceed with the vehicle and prevent the accident by driving it safely after yielding the course to the vehicle.

Nevertheless, if the defendant neglected to turn to the right without neglecting it, he conflicts with the part of the front part of the victim F(33) bicycle riding in the right-hand side of the right-hand side of the victim F(33) driving in the right-hand side of the right-hand side of the car driving.

As a result, the Defendant caused the victim to suffer from brain death due to her occupational negligence, such as her one's surgery and her one's surgery.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness H and I in the fifth public trial records;

1. Statement made by the witness J in the sixth public trial records;

1. Statement made by the witness K in the seventh public trial records;

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

1. Statement made by the police with respect to L;

1. A traffic accident report, a traffic accident occurrence report, and on-site photographs;

1. The investigation report (the list No. 21 of evidence);

1. A postmortem report, a general medical certificate, a brain death examination report, a determination on brain death, a opinion on brain death, and a photograph when determining brain death;

1. Application of Acts and subordinate statutes to comprehensive traffic accident analysis reports and response reports on fact;

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:

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