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(영문) 수원지방법원 2016.12.21 2016고단6544

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a character B or a car.

At around 16:40 on April 14, 2016, the Defendant continued to turn to the left at the same eth of the 8th eth eth eth eth eth eth eth eth eth from the 8th eth eth gate

Since there is a crosswalk where a yellow light signal, etc. is installed, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce speed and to check the right and the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected this and proceeded as it is, while crossing the crosswalk from the right side to the left side of the crosswalk, received C (73 years old) in front of the defendant's vehicle.

At around 02:35 on the same day, the Defendant caused the victim's death by the occupational negligence as above, at the emergency department of the Seoul Metropolitan Government Hospital of the Seoul Metropolitan Area, 82 Madro-ro 173 Madro-Gu, Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending sentence] general traffic accident [the range of recommending sentence] general traffic accident area (4-1 year) [the area of mitigation (including specially mitigated persons] (including efforts to recover from damage): the circumstances in which the victim's death was most favorable: the victim's serious result was recognized and reflects depth; the victim's bereaved family has agreed with the victim's bereaved family; the victim was subscribed to a comprehensive insurance; the first offender was determined by taking into account the above circumstances and the defendant's age, character and behavior, environment, etc.; and all kinds of sentencing conditions such as the order.