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(영문) 수원지방법원 평택지원 2018.02.22 2017고단934

교통사고처리특례법위반(치사)

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Defendant 6 shall be punished by imprisonment without prison labor.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cater cater vehicle.

On March 17, 2017, the Defendant driven the above cargo vehicles around 19:45, and continued three-lanes of three-lanes in front of the F Stopon E’s rest area in Pyeongtaek-si, using two-lanes from the north north north of the office, at a speed of about 50km in speed.

At the time, two-wheeled automobiles are run in the same direction to the right side of the said cargo vehicle, and thus, the driver of the vehicle has a duty of care to check whether there is a vehicle driving in the direction of changing the course by checking well the right and the right side of the vehicle when intending to change course, and if it is likely to obstruct the normal passage of other vehicles, the vehicle has a duty of care to safely drive the vehicle without changing its course and prevent

Nevertheless, the Defendant neglected this and did not discover a two-wheeled vehicle with the victim G(47) drive in the same direction in the same three-lanes by changing the course into three-lanes, as it is, in order to enter the FY rest area, and instead did not discover a three-lane 800cc two-wheeled vehicle in the victim G(47) drive in the same direction, and received the left part of the two-wheeled vehicle into the right side of the said cargo.

Ultimately, the Defendant caused the death of the victim by his occupational negligence due to the death of the central government, which was caused by the damage to the new boundaries of the central government around 20:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of the laws and regulations governing de facto survey reports, accident vehicles and site photographs, death diagnosis reports, investigation reports, and black stuffs video CDs;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

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