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(영문) 수원지방법원 안양지원 2015.09.24 2015고단1099
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2015, at around 21:52, the Defendant operated a village bus of D5-5, which belongs to the Yeongdeungpo-gu, the Sinyang-dong registry office of the Sinyang-dong during the Ansan-si, and made the turn to the left at about 20 km a speed of 3-lanes of the city, depending on one way among the three-lanes of the city, from the Syang-dong, the Syang-dong registry of the Sinyang-dong.

Since there is a left-hand turn at a non-protective area, there was a duty of care to safely turn to the left to the extent that it does not interfere with the driving of a motor vehicle in the opposite part by sufficiently examining whether there is a motor vehicle driving on the road.

Nevertheless, the Defendant neglected to do so and left the left without looking at the right side, and caused the death of the injured party to a multi-faceted wound at the Ganyang-gu, Seoyang-gu, 5 Mayang-gu, 618-225, Ganyang-gu, Ganyang-gu, Ganyang-si, 5 Mayang-gu, 618-225, which was operated by the injured party E (the 19 years of age) who is in accordance with green signal on the opposite road, due to the failure to discover the CA110V Oba, which was driven by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendation: Four months to ten months of imprisonment without prison labor;

(a) Type II (Death, etc. caused by traffic accidents) of ordinary traffic accidents;

(b) No person subject to special mitigation (including voluntary efforts to recover damage);

2. Although there was a serious result that the defendant's negligence of the defendant's decision of sentencing led to the death of the victim, the defendant has reached a unanimous agreement with his/her bereaved family members, and the defendant has a criminal power.

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