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(영문) 수원지방법원 평택지원 2018.04.13 2017고단2271

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 drives a rocketing car.

On May 27, 2017, the Defendant was driving ahead of Pyeongtaek-si D at a speed of about 80 km in speed from the north side of the Cheong-si to the north side of the Cheong-si on May 27, 2017.

At the time, it is night and its place is a road of 60 km speed at a speed limit, and there is a place where delivery is installed on the right, so in such a case, the driver of the vehicle has a duty of care to safely drive the brakes and steering gear by viewing the right and the right and the right and the right and the right and accurately manipulating the brakes and steering gear.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front bank, and caused the impact on the left side of the victim E (61) crossing the road from the right side of the Defendant’s running direction to the left side of the road to the left side of the Defendant’s car.

Ultimately, the Defendant, by occupational negligence, caused the death of the victim on the spot due to a sudden cardiopulmonary death resulting from cerebral blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Investigation report (the results of hearing statements from shots G phone);

1. Investigation report (as to the confirmation of the suspected vehicle)

1. A report on investigation (as regards the progress of a suspected vehicle and the progress of a witness vehicle);

1. Investigation report (as to the telephone conversations with the driver of a wooden vehicle);

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the scope of recommendations] are as follows. The victim is also a person who suffers from traffic accidents or expands damage.