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(영문) 수원지방법원 안양지원 2013.07.02 2013고단264
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 engaging in driving Cone Star Car.

On January 14:28, 2013, the Defendant driven the above car and passed through the fixed door of the Hanyang apartment apartment complex located in the city of Anyang-dong in the city of Anyang-dong, and led to the left turn to the left at about 20 K km as soon as possible according to the road within the apartment complex in the direction of the above apartment complex in the direction of 301.

Since the place is an apartment complex where the passage of people is frequent, there was a duty of care to prevent accidents by checking whether there is a prior left-hand turn prior to the left-hand turn on the driver of the motor vehicle, and then proceeding to the left-hand turn after checking whether there is a prior left-hand turn or a pedestrian.

Nevertheless, when the defendant neglected to turn to the left without neglecting it, the defendant taken the victim D (son and 7 years of age) who was going a path on the left-hand side of the above car into front of the left-hand side of the above car operated by the defendant, and the victim's face over with the wheels of the above vehicle turned to the face of the victim.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the F Hospital located in Ansan-gu E-gu during the period of the same day at around 15:25 of the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a traffic accident report, initial traffic accident report, accident site and vehicle, body photograph, and death diagnosis report;

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. The main sentence is a suspended sentence, taking into account all elements of sentencing, including the following factors: (a) the background and place of the instant accident, the Defendant’s mistake, the fact that the victim’s bereaved family members agreed with the victim; and (b) the subscription to automobile insurance.

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