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(영문) 수원지방법원 평택지원 2016.09.29 2016고단1324

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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 B-learning car.

On June 3, 2016, the Defendant driven the above car at around 07:10, and driven the two-lanes of the Switzerland model road in the king-dong at Ansan-si. The Defendant driven the two-lane road at a speed that would not be known depending on the two-lanes of the border university from the surface of the king Sking-gu model.

At the front of the defendant's driving direction, the bicycle of the victim C(85) is driving ahead of the vehicle. In such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by changing the vehicle line to the side line for the driver of the vehicle, or by reducing the direction or speed toward the vehicle operated by the defendant.

Nevertheless, while the Defendant neglected to do so and proceeds along with the above bicycle on the same bicycle without changing the bicycle line, the Defendant was found to have immediately discovered the bicycle on the left-hand side and received the bicycle above the lane operated by the Defendant due to the negligence of not driving the bicycle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence in the Sung-si 58 Among-si Simsung-si market at around 23:31 on the same day due to brain injury, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. On-site reports (verification ofCCTV images);

1. Application of Acts and subordinate statutes of a death certificate;

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. Determination on the application of the sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of recommended sentencing guidelines of applicable O: consideration of all the circumstances, including the fact that there is no record of crime in the mitigation area (from April to one year), the fact that there is any error in the victim, and the fact that there is an agreement with the bereaved family members, etc.