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(영문) 수원지방법원 여주지원 2015.12.04 2015고단932
교통사고처리특례법위반
Text

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

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

At around 18:45 on August 28, 2015, the Defendant, who is engaged in driving of Mati Cargo Vehicles B, proceeded with a road of one lane in front of the D cafeteria in the Gyeonggi Pyeong-gun C from the right side to the right side of the side of the side.

At the time, the lower surface was sucked, and the above road was a bend and bend road at the right side, and the freight was excessive in the above cargo vehicle, so in such a case, the driver had a duty of care to reduce the speed in advance and to prevent the traffic accident by driving the bend road safely.

Nevertheless, the Defendant failed to reduce the speed in advance, and operated the brake system by being anchored on the bend road, and caused the above cargo to become fire on the left side, and turned off the broom, and received the front part of the above cargo vehicle installed on the opposite lane.

Ultimately, the Defendant caused the victim E (the 39 years of age) who was accompanied by the above cargo due to the above occupational negligence to die in the cage cage cage at the stone.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Reports on the occurrence of a traffic accident, reports on the occurrence of a traffic accident, and reports on a traffic accident;

1. Each photograph;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes concerning postmortem records;

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 selection of

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") takes into account the defendant's age, family environment, and circumstances after the crime, etc., such as the fact that the victim died and the result of damage is very serious; favorable circumstances such as the defendant committed his/her own crime; that the victim's bereaved family members and the bereaved family members have agreed smoothly; that there was no history of punishment exceeding the previous fine; and that there was no history of punishment

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