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(영문) 수원지방법원 안양지원 2018.07.25 2018고단891

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On February 4, 2018, the Defendant proceeded with a three-lane of the road in front of the growth church located in the mountain-si, Simpo-si, Simpo-si, Simpo-si, Simpo-si, Simpo-si, according to one-lane from the distance of the headquarters in mountain-si to the private distance of the Military Culture and Arts Center.

At this point, the signal apparatus is an intersection with a limit of 60km/h road, and in this case, the driver of the vehicle has a duty of care to safely drive the vehicle while complying with the speed limit by accurately manipulating the front left and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation of the vehicle.

Nevertheless, the Defendant neglected this and caused the death of the victim C (65 years) crossing the road from the right side of the Defendant’s vehicle to the left side, due to the negligence of exceeding approximately 24.25 km/h of the speed limit, which led to the death of the victim C (327 years old) due to the injury of the Defendant’s front side of the Defendant’s vehicle in Mapopo-si, Mapo-si, Mapopo-si, U.S., 06:15 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A death certificate;

1. Results of the extraction of traffic accident EDR data, results of the extraction of DNA data;

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

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of sentencing guidelines recommended] - Special mitigation area (two months to one year) for types of general traffic accidents (accidents resulting from traffic accidents) - Special mitigation area: the victim is also at fault due to the occurrence of traffic accidents or the expansion of damage, resulting in the victim's death.