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(영문) 수원지방법원 여주지원 2018.06.26 2018고단447

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

On January 26, 2018, the Defendant driven a B-learning car at around 11:40 on January 26, 2018, and led the D-jun-gun C to proceed with a road of one lane in front of the D-jun-gun C, on the surface of the door door, from the door door to the door door door door door door door, at an influence rate.

At the same time, the victim E(76 tax) was driving a bicycle in the same direction as the defendant, so in such a case, the driver of the motor vehicle has a duty of care to properly see the embankment and accurately manipulate the steering gear and the brake system and prevent the accident from occurring.

Nevertheless, the defendant neglected this and found the victim's bicycle in front of the defendant's front line, or delayed after the defendant's bicycle, and took a sudden action, but the defendant's negligence of wrong conduct for speed pedal, caused the victim's bicycle front wheel part of the passenger car and used the victim's bicycle rear wheel part on the floor.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence, such as pressure on brain, training paralysis, etc. at the Hanyang University Hospital, which was located in the Guri-si in the Guri-si, where he was under the influence of after-the-counter treatment on January 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1);

1. A death certificate;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition in full view of all the sentencing conditions under Article 51 of the Criminal Act, including the following: (a) the time limit for sentencing under Article 62(1) of the Criminal Act; (b) the agreement with the victim’s bereaved family members; (c) the degree of negligence between the Defendant and the victim; (d) the primary offender; and (e) the Defendant’s age