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(영문) 수원지방법원 평택지원 2018.02.01 2017고단1849

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for eight 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 car in B, the test.

On May 20, 2017, the Defendant, around 18:45 on May 20, 201, had been proceeding near the national highways No. 45 on the 45, Pyeongtaek-si, Magdong in the direction of Li-si.

Since there is a bicycle-only road on both sides, in such a case, the driver of the vehicle has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant, while neglecting the duty of her on the right side, was negligent in driving at a speed exceeding 60 km per hour by 72 km a speed exceeding 60 km per hour, and received a bicycle for driving the victim C ( South, 48 years old) driving on the right side from the left side of the running direction of the Madle Vehicle.

Ultimately, the Defendant caused the death of the said victim by his occupational negligence due to the acute respiratory part, etc. while being receiving treatment at the Acheon Hospital at the National University of 19:03 on May 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs, black stuffs images, closure photographs;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes of sending a comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The consideration of the fact that the victim's death was unable to recover due to negligence while neglecting his/her duty of care prior to the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the same type of criminal record has not been committed, the victim's bereaved family has been divided, and the agreement has been reached with