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(영문) 수원지방법원 안산지원 2019.06.19 2019고단513

교통사고처리특례법위반(치사)

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

On January 4, 2019, at around 05:15, the Defendant driven a B K7 car and proceeded along the two-lanes from the direction of the E station in Ansan-si, a member C to the middle distance from the E station in the direction of the E station. Since it is night at that time, the Defendant, while neglecting the duty of due care to safely drive, such as reducing speed and driving on the front side and the left side, caused the victim F (the age of 66, leisure) who driven a bicycle driving without neglecting it, thereby getting the victim F (the age of 66, n) who driven the said road to the upper part of the left side of the said car. On January 10, 2019, the Defendant killed the victim by using a 05:0 poppy-culing flad-culing surgery, etc. on January 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each photograph (Evidence Nos. 5, 6, 16);

1. A death certificate;

1. Application of CCTV-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] Traffic Accidents in Type 2 (Special Convicts) (Death, etc. of Traffic Accidents) - In a case where there is considerable fault in the occurrence of traffic accidents even for the victim of mitigation elements [Determination of the area of recommendation] mitigation area] from April to one year [the scope of recommendation] [general person] there is no criminal punishment for motor vehicle comprehensive insurance for mitigation elements (decision of sentence] [decision of sentence] the above sentencing factors and the defendant's mistake, degree of violation of the defendant's duty of care, etc. shall be considered.