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(영문) 수원지방법원 2015.06.04 2015고단859
교통사고처리특례법위반
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 business of driving B concrete mixed trucks.

On December 24, 2014, the Defendant driven the above truck on December 18:30, 201, and came to proceed from the same coal to the Samsung semiconductors through the intersection intersection at the entrance of the GitiIC located in the Goi-gu Godong, Young-gu, Young-gu.

At the time, night and the passage of vehicles was frequent, so the driver of the vehicle had a duty of care to prevent accidents in advance by keeping the traffic situation at the direction of the direction and the safe driving of the vehicle.

Nevertheless, the Defendant neglected to do so and went through the vehicle and took the victim C (54 years of age) crossing the lane as the front part of the truck, followed by the victim going beyond the road as the rear wheels of the truck.

As a result, due to the above occupational negligence of the defendant, the victim died from the cage cage at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents;

1. A death certificate;

1. Application of related Acts and subordinate statutes to photographs;

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, and Article 268 of the Criminal Act.

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

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] is the case where the victim is negligent in causing traffic accidents or expanding damage in the area where mitigation of traffic accidents (of April to October) (the special mitigation) (the decision of sentence] is presented as the above special mitigation (the decision of sentence) together with the circumstances presented as the above special mitigation; the defendant reflects the defendant; the defendant did not agree with the bereaved family but made efforts to avoid money to the bereaved family members by depositing KRW 10 million to the bereaved family members; the fact that the motor vehicle comprehensive insurance is subscribed to the motor vehicle insurance; and the fact that the victim is punished once by a fine in 198.

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