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(영문) 수원지방법원 안산지원 2016.09.08 2016고단989

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On November 17, 2015, at around 23:20 on November 17, 2015, the Defendant driven a Cchip car and led to the driving of the three-lane road in front of the central station parking lot located in Ansan-gu, Ansan-si.

At the time, there is a duty of care to prevent accidents by complying with the speed limit, properly seeing the steering system, operating the steering system, and operating the steering system accurately, since it is night and its restricted speed is 60 km per hour.

Nevertheless, the Defendant neglected this and neglected to stop driving on the front of the instant car and neglected to stop driving at a speed of about 122.5 km per hour due to a violation of the speed limit, and received the victim D (50 years of age) who crossed the road from the right side of the direction of the Defendant’s driving.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, which resulted in the death of the victim due to the debrisoning of the two parts of the opening.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written result of autopsy and postmortem examination;

1. A comprehensive analysis of traffic accidents;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to the investigation report (verification of speed limit);

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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] for the sentencing of Article 62(1) of the Criminal Act [the grounds for sentencing as set forth below] General traffic accident [the scope of recommendation] the mitigated area (including April to October) [the decision of sentence] the mitigated area (including the efforts to recover from traffic accident] [the decision of sentence] the serious result of the victim's death as a result of the instant crime]. The fact that the Defendant was driving at a speed of about 122.5 km above the speed above the speed of 60 km above the speed of 60 km at the time, and caused the instant accident.

However, the defendant recognized his mistake and reflected his mistake.