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(영문) 수원지방법원 안산지원 2018.03.15 2017고단3002

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 the duty to drive a Grand City Kaol.

On June 11, 2017, the Defendant driven the above 17:30 on the 17:6.11., and changed the course into one way to overtake the vehicle that was going on the front side in the direction of Ansan Information and Communications, along the two lanes in the direction of the Sinsan Information and Communications (hereinafter referred to as the "Sinsan Information and Communications"), along the 2-lanes of the front of the apartment complex in the new road in the old dong-dong, Ansan-si, Gosan-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to operate a direction direction, etc. to give prior notice of change of course, and to change the car line safely in order to ensure the safety by properly examining the front, rear and left.

Nevertheless, the Defendant did not turn on the direction direction, etc. and did not go through the direction direction, and caused the victim D(18) to move from the rear bank of the Marina to the first lane, which had been changed from the back bank of the Marina to the first lane, and caused the victim D(18) to go ahead of the collision with the above passenger car.

Ultimately, the Defendant caused the death of the victim at G hospitals located in Ansan-si F, Asan-si, a member of the Republic of Korea, where the victim was under the treatment for transmission after around 17:55 on the same day due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and comprehensive analysis of traffic accidents;

1. A death diagnosis report or postmortem report;

1. Application of each statute on photographs;

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 [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Order to Attend shall be limited to two types of general traffic accidents (the death of traffic accidents) [4 months-1 years] [the person with special mitigation] punishment not (including efforts to recover damage] [the decision of sentence] results from the crime of this case.

However, the defendant's mistake is against the defendant.