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(영문) 의정부지방법원 2014.08.19 2014고단1600
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 7, 2014, the Defendant is a person driving Churt Motor Vehicle. On April 7, 2014, at around 08:37, the Defendant driven the said Motor Vehicle and passed through the intersection where the traffic control is not performed on the side of Churdo apartment, with a road that does not pass ahead of Churging golf at the 33th Doctrike-ro 10-gil in both weeks.

In such cases, a driver of a motor vehicle has a duty of care to reduce speed before entering the intersection and to check and proceed with the safety of course by properly examining the traffic conditions of the prior margin and prevent accidents in advance.

However, when the defendant was negligent in neglecting the above duty of care, he found the victim D (Nam, 79 years old)'s bicycle driving through the intersection from the left side to the right side at the point of the run of the defendant, and met the victim's bicycle side with the front part of the passenger car of the defendant.

At around 00:16 on April 8, 2014, the Defendant caused the victim’s death by his/her occupational negligence due to a serious stop at the Government-Tol University’s Matern Hospital’s Materna Hospital’s central sexual intercourse with a pre-stigious death.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A death certificate;

1. Application of traffic accident reports, on-site photographs-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of types] for general traffic accidents (the death of traffic accidents) - The elements for mitigation of punishment (agreement with the bereaved family members of the victim): [Determination of the recommended area] 4 months to 10 months [the scope of recommendation range] - Motor Vehicle comprehensive insurance policy, serious reflectness, and no record of criminal punishment (the suspension of execution of sentence].

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