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(영문) 의정부지방법원 2017.08.16 2017고단1720
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing wing Franchising 2.4 tons of Korea-U.D.

On August 17, 2015, the defendant driving the above cargo vehicle around 16:30 on the 17th of August, 2015, and sent the left turn to the left at the side of the D Motor Vehicle Industrial History in the two weeks, and the left turn to the side of the d Motor Vehicle Industrial Complex in the two weeks.

At all times, there was a 4-line street from the front door to the road, and there was a signal, etc. on the direction of the road, so the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making the front and rear left door well, operating the steering system and the brake system accurately, making the left left-hand pedestrian signal well, etc.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front left, and neglected to turn to the left, and received the part on the right side of the victim E (39 years old) driving, who was in the right side of the cargo vehicle, and was in the front part of the Defendant’s cargo vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the death of the victim due to damage to the large number of fluences.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. A survey report on actual conditions;

1. On-site and vehicle photographs;

1. Stacks and video-shields;

1. A medical certificate;

1. Investigation reports (to hear statements from victims and reports);

1. Investigation report (verification of disability diagnosis and grant of the agreed period);

1. Application of Acts and subordinate statutes to medical certificates of disability after disability;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. The Defendant’s injury resulting from the instant traffic accident for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable condition for sentencing as follows) is the number of concurrent crimes.

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