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(영문) 수원지방법원 2016.08.17 2016고단3213

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 one year 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 Bmer truck truck truck truck truck vehicle.

On April 18, 2016, the Defendant driven the above vehicle around 20:20 on April 18, 2016, and driven the two lanes in front of the “D cafeteria” located in Jin-si C, Jin-si, at the speed of about 80km from the mar of the mar-si.

At the same time, the road was located at night, and there was not divided between the sidewalk and the roadway. As such, the Defendant had a duty of care to safely drive the accident by safely examining whether or not there is a pedestrian at the edge of the right side of the proceeding direction while lowering the speed, and examining whether or not there is a pedestrian at the edge of the road.

Nevertheless, the defendant neglected this and went beyond the ground by receiving the victim E(46) who was coming to the right edge of the way to the right edge of the above cargo as part of the right side of the above cargo vehicle.

Ultimately, at around April 18, 201, the Defendant caused the death of the victim by occupational negligence in the G Hospital emergency room located in the Jinsi City F on April 18, 2016, due to the depression and scarcity, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a actual survey report;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [the scope of recommendation] of Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents [the scope of recommendation] of Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents [Article 62(1) [Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents [Article 62(2)] and Article 62(1) [Article 62(1) of the Act on Special Cases Concerning the Punishment of Traffic Accidents [Article 62(1) [Article 62(2) of the Act on the Punishment of Traffic Accidents [Article 62(1) [Article 62(1)-1 of the Act].