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(영문) 수원지방법원 여주지원 2017.05.10 2017고단200

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 car in B, the test.

On December 23, 2016, the Defendant driven the above car at around 17:50 on December 23, 2016, and driven the D's front road in Friju City, which is located in C, from the right side of the lower side of the river, toward the outside side of the area of the mountain.

At the time, it was when the sea was set up, and there was a duty of care to safely drive the brake and steering gear by accurately operating the steering and steering gear by reducing the speed and properly checking the right and the right and the right and the right and the right of the defendant, because the road is at the left side of the way to the left side of the road of the defendant.

Nevertheless, the defendant neglected to do so and went on at the right side of the road edge of the defendant's driving direction due to negligence and caused the death of the victim E (74) by taking the victim E (74) from the front part of the vehicle of the defendant, and causing the victim to die due to brain damage.

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. Application of death certificates, dead bodies, and statutes;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture [the scope of the recommended sentence] General traffic accident Type 2 (Death by Traffic Accidents) [the area of mitigation (4-1 year)] [the person subject to special mitigation] punishment not to punish [including efforts to recover damage] [the decision of sentence] 2 years of suspended execution for six months of imprisonment without prison labor (the person subject to a fine for a long period of time, and the person subject to a fine for a long period of time, and the circumstances, etc. under which the victim's bereaved family members have agreed smoothly with each other