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(영문) 의정부지방법원 2017.03.24 2016고단5224
교통사고처리특례법위반(치사)
Text

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

On June 28, 2016, the Defendant proceeded along the three-lanes from the direction of the hospital to the two-lanes in the direction of the hospital, using a gold crossing of the 343-7 gold-si, Sin-si, Sin-si, Sin-si, Sin-si.

Since there is a long distance crossing where signal lights are installed, there was a duty of care to prevent accidents by driving safely by safely examining the left and right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and got the body part of the victim C(24) who crosses the crosswalk to the right side from the right side due to the negligence of the defendant's neglecting it, and received the front part of the car.

Ultimately, the Defendant’s occupational negligence caused the death of the said victim due to brain training paralysis at a government-specific hospital of a Tol University, which is located in the Mao-dong of the Government of the Gyeonggi-si, on June 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Data to destroy CCTV images;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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