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(영문) 수원지방법원 안양지원 2016.05.12 2016고단53

교통사고처리특례법위반

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 of a motor vehicle with sod motor vehicle of D.

On November 5, 2015, 04:35, the Defendant continued the road of one lane prior to the point in Ansan-gu, Boyang-gu, Boyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-do, at the inner area of Byung-do, with the inner area.

At the time of night, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes according to the performance and structure of the vehicle, and to prevent accidents by accurately manipulating the steering direction and brakes according to the operation and structure of the vehicle.

Nevertheless, the Defendant did not discover the victim E (22 years) who was in excess of the road at the time without neglecting the above duty of care and did not discover the victim E (22 years) as it was due to the negligence of neglecting the above duty of care, and caused the victim to die due to the 10:30 pactic shocks, etc. on the same day by driving the vehicle with the wheels of the Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. Each traffic accident report;

1. Written expert opinion, written expert opinion, and written expert opinion;

1. A death certificate;

1. Application of the Acts and subordinate statutes on vehicles, carcasses, and clothing photographs by cutting down a photograph at the scene of an accident / by cutting down data / by cutting down the images of the vehicles under consideration;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The minimum limit of the recommended sentence according to the sentencing guidelines shall be reduced by up to 1/2 because only 4 months of imprisonment or 2 special mitigations exist in the mitigation area (the minimum limit of the mitigation area in February) of the General Traffic Accident Compensation Act (the traffic accident death, etc.) in the mitigation area (the minimum limit of the mitigation area in February).

The occurrence of a traffic accident shall also occur to the victim (special mitigation person).