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(영문) 수원지방법원 여주지원 2017.11.08 2017고단1218

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in driving a motor vehicle B with detached motor vehicles.

On August 21, 2017, at around 08:30 on August 21, 2017, the Defendant continued D's front roads located in Yangyang-gun C, Gyeonggi-do, into the ground-side.

At this point, there is a one-lane road in which the center line of yellow solid lines is installed, and the pentle length is finished, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking whether it is likely to interfere with the traffic of the opposite vehicle if the center line is invaded to overtake the motor vehicle, and if it is possible to interfere with the traffic of the opposite vehicle.

Nevertheless, the Defendant neglected this and failed to accurately grasp the traffic situation of the opposite vehicle, and received the front part of the F Two-wheeled Motor Vehicle that is driven by the opposite vehicle due to the negligence of the victim E (E, South, and 64 years old) (E, South, and 64 years old) driven by the opposite vehicle in order to overtake other vehicles in front of the opposite vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on August 27, 2017, at the Aju University Hospital located in Suwon-si, Suwon-si, Suwon-si, the World Cup 164, resulting in the victim’s death by blood transfusion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report and a traffic accident report (1) (2);

1. A death certificate;

1. Application of statutes on site photographs;

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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing [the scope of recommended punishment] are two types of general traffic accidents (the death of traffic accidents) [the period from August to two years] [the person subject to special mitigation (the person subject to special mitigation)]] and the grounds for not punishing (including serious efforts to recover damage] / The illegality of Article 3(2) proviso (excluding subparagraph 8) of the Act.