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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단3471
교통사고처리특례법위반(치사)
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

The Defendant is a person who is engaged in the operation of the Lone Star Co., Ltd.

On September 11, 2016, the Defendant driven the above van on the 16:26th day of the 2016th day and proceeded at the speed of the 6-lane of the light village apartment complex in front of the 6-lane of the 5-lane from the math day to the backside of the eth day.

At all times, there was an intersection where signal lights are installed, so there was a duty of care for those engaged in driving cars to observe the signal and safely drive them.

Nevertheless, the Defendant neglected this and neglected to turn to the left while driving the victim C(20) driving on the opposite line, which was driven by the negligence of left-hand turn, received the victim C(20) driver’s license in front of the Defendant’s seat.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence during the course of moving the victim to the Ginsan Hospital of the Incheon National University located in 170, Seoyang-gu, Seoyang-gu, Seoyang-si for the treatment of transmission after around 16:47 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, signal system and each investigation report (No. 27, 34 evidence);

1. A death certificate;

1. Application of Acts and subordinate statutes, such as photographs by capturing CCTV images;

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. The Defendant’s mistake on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, resulting in the occurrence of serious consequences that may result in the loss of young young lives, and the negligence on account of the circumstances leading up to the accident.

shall not be deemed to exist.

However, the defendant is an initial crime with no criminal history, and the defendant shows his/her depth of misunderstanding.

The fault of the victim who is driving in violation of the signal is not so much.

In this case, the passenger car is covered by the automobile comprehensive insurance, and it was agreed with the victims.

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