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(영문) 의정부지방법원 2015.03.17 2014고단4293
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 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 C-cruise vehicle.

On July 15, 2014, the Defendant operated a cruise car on July 15, 2017:40, while driving the cruise car, the Defendant continued to drive a three-lane road of the gold-ro 92-lane apartment in front of the Jina Hospital at the speed of about 82 km from the shooting distance in front of the Gin Hospital to the Simo-dong New Terminal at the speed of about one way.

Since the restricted speed is 60 km per hour, there was a duty of care to safely drive the steering gear and brakes by complying with the restricted speed and properly operating it to those engaged in driving business.

Nevertheless, the defendant suffered the victim D (the age of 17) who crosses the road from the right side of the passenger car driving direction to the left side of the defendant's car driving direction by negligence of over 60 km speed of 60 km and over 22 km.

As a result, the Defendant caused the death of the victim due to the occupational negligence as seen above, around July 20, 2014, at the time of the Government-Sincheon-ro around 21:50, the Defendant caused the death of the victim due to multiple growth donations from the Gisung Hospital located in 271.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. A death certificate or a medical examination photograph of a dead body;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. of Traffic Accidents) and the area of special mitigation (two to ten months) (Special Mitigation) (Special Mitigation) where there is considerable negligence on the occurrence of traffic accidents or expansion of damage to victims, six months without prison labor (decision of sentence], six months without prison labor, and two years with suspended execution;

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