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(영문) 수원지방법원 여주지원 2016.07.19 2016고단531

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On April 18, 2016, the Defendant was a driver of Cpoter freight vehicles, and around three-lanes in front of the Cpoter road located in the middle line of the Cpool city, in the middle line of the Cpool city, around 8:30 on April 18, 2016, the Defendant proceeded at a speed of about 116 km in speed, depending on the two-lanes of the Cpool-Eup as the lux distance from the lux.

Since there is a point at which the speed of 80km is 80km per hour, the driver has a duty of care to observe the speed limit and thoroughly operate the steering and brakes thoroughly, thereby preventing accidents.

Nevertheless, the Defendant neglected this, while driving a limited speed exceeding about 36 km per hour, received the part on the right side of the victim D(W, 20 years old) driving a bicycle driving on the right side of the above cargo vehicle, which was crossing the road, from the left side of the running direction of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence, such as a multi-presidential organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Visual photographs;

1. Photographss related to traffic accidents;

1. Application of the statutes of the response request for appraisal;

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. Reasons for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the following grounds for sentencing] (the scope of recommendation] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage to the victim in the area of special mitigation (the period from February to one year) [the victim] under Article 62(2) of the Act on the Suspension of Execution where there is considerable fault in the occurrence of traffic accidents or in the expansion of damage, the victim is not subject to punishment (including the advanced effort to recover damage) [the decision of sentence] and the result of damage is serious,