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(영문) 수원지방법원 성남지원 2016.09.22 2016고단1753
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 the duty to drive a Grand Co., Ltd.

On April 21, 2016, the Defendant driving the upper van at around 19:30 on April 21, 2016, and driving the upper 'E' food in Gwangju City, thereby proceeding with the front 'E' road at the seat of the new site in the Orpo Nong National Agricultural Cooperatives at an aesthetic speed.

At this point, a yellow on-and-off signal is installed, and a crosswalk is installed, so in such a case, a person engaged in driving service has a duty of care to check whether there is a person who gets on a way by reducing speed and checking the right and the right and the right and the right and the right and the right are well and to prevent accidents in advance by driving safely.

Nevertheless, the defendant neglected this and proceeded without examining the front properly, caused the victim's body failure to cross the crosswalk to the right side from the left side of the right side of the said knife in the direction of the knife.e., the victim's F(59) to go beyond the road.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence at the H emergency medical center located in Seongbuk-gu, Sungnam-si, Sungnam-si, by causing the death of the victim due to the mental injury of the external wound.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A death diagnosis certificate (F);

1. Application of the Acts and subordinate statutes to cover fluoric images of fluorial vehicles;

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 (the period of suspension of execution is against the law, and there is no previous offense exceeding the fine between the past 30 years, and considering the fact that the bereaved family and the bereaved family have reached a full agreement);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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