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(영문) 수원지방법원 평택지원 2017.11.17 2017고단1668

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 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 DNA car.

On March 11, 2017, the Defendant proceeded at the speed of 94 km in the direction of a new gas station, located in Pyeongtaek-si E on March 11, 2017, using one lane the front road of F, which is located in Pyeongtaek-si.

Since there is a place where the speed limit is 60 km per hour, there was a duty of care to prevent accidents by accurately manipulating the steering and brakes by complying with the speed limit and reducing the speed and properly manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and caused the death of the victim G (the left side of the victim G (the 83-year-old) who changed the course from the 34km of speed more than 34 km each hour to the one lane due to the negligence of driving the excessive speed from the 84 km of the vehicle at the time of driving the vehicle at the Haju University Hospital, which was located in the 17:55-ro, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the upper part of the upper part of the upper part of the Hatobbba, which was the front part of the right side of the Defendant vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A survey report on actual conditions;

1. A traffic accident analysis and appraisal report;

1. A death certificate;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Education [the scope of recommended punishment] 【Where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim (the victim of a special mitigation) / [the victim of a special mitigation] / the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, etc. of Traffic Accidents / [the scope of recommendation] / The result of this crime is too serious