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(영문) 수원지방법원 2017.04.25 2017고단55

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a CM7 car.

On November 10, 2016, the Defendant driven the above car at around 04:50, and led the front road of Dap in Suwon-si, Suwon-si to turn to the right from the direction of the Changwon-si, Changwon-si.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence, thereby going to the port from the right side of the Defendant’s passenger car driving direction to the port, thereby passing the crosswalk E (77).

Ultimately, the Defendant caused the victim’s death by occupational negligence, which was sent back to F Hospital, resulting in the death of the victim due to acute hearts caused by the alley and the alley of the pelvis, around 10:13 on November 10, 2016.

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. Accident vehicle and on-site photographs, and photographic images of the locker booms of the melting vehicle;

1. A death certificate;

1. Application of Acts and subordinate statutes to a investigative report (a signal system and an analysis of the signal protection at the time of the accident);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Persons who are subject to special mitigation (from February to one year) in the area of special mitigation (the special mitigation) for the class two types of traffic accidents (the death or injury of a traffic accident) that apply the sentencing guidelines: In cases where the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment;

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

It is somewhat somewhat necessary for the defendant to have the view because the accident of this case occurred in Abrupt that did not clarify the date.