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(영문) 수원지방법원 2016.03.31 2015고단5904
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of Cscara 25.5 tons dump trucks.

On September 15:10 on September 7, 2015, the Defendant driven the above truck, and turned the three-lane distance prior to the university3-distance from the university, which is in the territory of the wife population, to the right-hand side of the university, which is the right-hand side of the university, which is the right-hand side of the university, which is the right-hand side of the university, the right-hand side of the city at about 20 km.

Since a crosswalk with signal lights is installed, in such a case, there was a duty of care to check whether a person engaged in the driving of a motor vehicle is in a way to reduce the speed and to see well the left and right of the road, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected to do so and did not discover the victim D (the other, 87 years old) who was towing a bicycle on the left side of the running direction of the above truck and dried the crosswalk pursuant to pedestrian signals, and did not discover the victim D (the other, 87 years old) with the front wheels of the above truck, and received the victim's bicycle's front wheels part with the front wheels of the above truck, and caused the shock to go beyond the road with the bicycle, and imposed the victim's trade and left-hand bridge on the left-hand side of the victim's upper right side of the above truck.

As a result, the Defendant, around December 13, 2015, caused the death of the victim at the Aju University Hospital in Young-gu, Young-si, Young-si, Young-si, Youngwon-si, 164.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident;

1. A traffic accident report and accident site photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution [the scope of recommended punishment] The area of mitigation (from April to October) (the area of mitigation) of the types of general traffic accidents in Article 62(2)(the scope of recommended punishment).

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