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(영문) 수원지방법원 성남지원 2016.07.21 2016고단1486
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 was driving a D-to-purd passenger vehicle.

On January 12, 2016, the Defendant driven the above car at around 04:19, and proceeded along the two-lanes of the two-lanes between the two-lanes between the two-lanes in front of the F Pharmacies E in the Jung-gu Seoul Metropolitan City of Gyeonggi-gu and the two-lanes in the width of the large distance.

At the time, the signal is installed at night, and in such a case, the driver has a duty of care to safely drive the front door and the right and the right and the right and the right, and to prevent the accident.

Nevertheless, when the defendant neglected this and neglected to turn to the left in violation of the new subparagraph, he received the victim G (43) who crosses the crosswalk at the right side from the left side of the direction of the defendant's proceeding to the right side, and received the front part of the defendant's vehicle.

Ultimately, the Defendant caused the victim's death by the above occupational negligence at around 05:54 on the same day due to the low-blood shock by blood transfusion in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of witnesses;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, signal suspenders, photographs, and death medical certificates;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Code of the Social Service Order resulted in serious consequences of the Defendant’s death due to the Defendant’s violation of signal signal, but efforts to recover damage, such as subscription to a comprehensive insurance, deposit of 30 million won for compensation for damage, etc. In this case, detention is seriously against the Defendant’s mistake, and no particular record of violation exists, the execution of punishment shall be suspended and community service shall be ordered after taking into account the victim’s fault level.

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