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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단240
교통사고처리특례법위반(치사)
Text

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

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 the operation of a car by seeing B.

On November 23, 2016, the Defendant driven the above car at around 20:00, and came to turn to the left in accordance with one lane in the direction of the original underground vehicular road from the direction of the original road at the 90-lane 790-gil, Seoyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu.

In such cases, the driver has a duty of care to prevent accidents in advance by thoroughly operating the front left left left and right door, keeping the front line well, and accurately operating the brake system.

Nevertheless, by negligence of driving a vehicle by neglecting this, the defendant found the victim C (at the age of 66) who walked along the left side of the crosswalk from the right side of the defendant's proceeding to be the left side of the crosswalk, and received the part of the victim's bridge and the body part in front of the car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Seocheon-si University of 170 square meters, a 170th century, on November 24, 2016, on the floor of Seocheon-si, where transmission treatment was being performed after the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the screen of a black stuff, a photo at the scene of an accident, a photo of a changeer, a death certificate, and a field inspection photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence entails a serious consequence of the victim’s death by negligence of the defendant

However, in agreement with the bereaved family members of the victim, the victim does not want the punishment of the defendant, and the defendant does not have any particular criminal records.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc. shall be considered and the punishment as ordered shall be determined.

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