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(영문) 수원지방법원 평택지원 2017.05.24 2016고단2599

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 driving a C carren car.

On October 11, 2016, the Defendant, at around 05:20, was driving at an insular speed along the road of the three-lane in front of the apartment of the Eglified Village, which is located in 164-9, nine-lane 164-9, in the Eup located in Pyeongtaek-si.

At the time of night, there was a duty of care to prevent accidents in advance by accurately operating and safely operating the steering gear and steering the steering gear for the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded to the right side of the victim D(71) on the right side of the Defendant’s front side by negligence, and received the part on the right side of the victim D(71) on the right side of the said road.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the F Hospital located in Pyeongtaek-si E around 11:28 on October 201, 2016, such as low blood shock during the after-service treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of each statute on photographs;

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. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Education [the scope of recommendations] The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, etc. of Traffic Accidents [the scope of recommendations] [the case where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim] [the case where a special mitigationr] was committed against the victim [the case where a special mitigationr] was committed significantly at a disadvantage: confession, reflection, and negligence of the victim was also the main reason for the occurrence of the accident.