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(영문) 수원지방법원 성남지원 2016.10.13 2016고단2166

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for 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 golf car B.

On May 5, 2016, at around 17:52, the Defendant moved the three-way distance prior to the pentium C in the Cheongnam Cheong-gun, Chungcheongnam-gun, Busan High School to the Cheong River basin from the Cheongsung High School.

In this case, the driver of a motor vehicle has a duty of care to safely bypassing the above Poet, which is marked on the surface and is marked on the surface while accurately operating the steering direction and operation of the steering system of the motor vehicle at approximately 63 meters at the above 3-meter intersection.

Nevertheless, the Defendant neglected to do so and proceeded with the three-wheeled plane driven by the victim E (the age of 68) who was in front of the Defendant, in one way and tried to overtake, and did not properly look at the progress of the vehicle in the way of the ticket, and by negligence bypassing the right lane from one lane as it is, and instead, took the front part of the vehicle driving by the victim according to the right lane as it is at the right lane, and got the victim to have the first part of the vehicle driving by the Defendant, and then caused the death of the brain in the emergency room in the Gan University Hospital located in the city of Jinnam-si, Jinnam-si, Seoul, about 03:55 on May 6, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents (1, 2);

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. Article 62 (1) of the Criminal Act (including the fact that the suspension of execution is against the law and there is no criminal record exceeding the fine, and the fact that the victim and his/her bereaved family members have reached an agreement with

1. Order to attend lectures under Article 62-2 of the Criminal Act;