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(영문) 의정부지방법원 고양지원 2014.09.12 2014고단1297
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a wing vehicle B.

On May 14, 2014, the Defendant driven the above vehicle on May 17:14, 2014, and turned back the front of the road that meets the marina aptitude terminal at the time of the strike, from the front of the aptitude patrol box at the seat of the aptitude patrol room.

In the event of a driver's moving behind a vehicle, the driver has a duty of care to prevent an accident of breaking a motor vehicle or a person or a motor vehicle in the front, rear, and left and right of the vehicle, after checking whether there is a person in the rear side of the vehicle.

Nevertheless, the Defendant got the victim C (V 74 years of age) who walked behind the Defendant’s driver’s vehicle from the back of the Defendant’s vehicle by negligence, without looking back the rear well, and let the victim go under the bottom of the Defendant’s loading box.

Ultimately, the Defendant caused the death of the victim by occupational negligence as seen above, which caused the death of the victim to be transferred to the Japanese White Hospital located in the Sinsan-gu, Sinyang-si, Sinsan-si at around 19:24.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation]: In light of the fact that the basic area of traffic accident (the death of traffic accident) type 2 (the determination of sentence) (the death of traffic accident) (the determination of August-1 and June) (the determination of sentence] death, a severe punishment is necessary, but the victim's bereaved family members and the victim did not have any specific criminal record since 199, and the defendant made a confession and made a sentence in consideration of the fact that it is against the victim's dignity.

It is so decided as per Disposition for the above reasons.

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