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(영문) 수원지방법원 여주지원 2018.04.18 2018고단197

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

On February 1, 2018, the Defendant, who is engaged in driving of freight vehicles CY III 1 ton, was driving the above cargo vehicles around 18:25 on February 1, 2018, and was driving at the 1527-2 rith of the New Sea, which is located in the 1527-2 rith of South Eup/Myeon, to the ethoth of the eth of the eth of the ethth of the eth of the ethth of the eth of the eth

At this point, there is a center line of yellow solid lines, and there is a place where the U.S. is prohibited, so a person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by safely internshiping at the place where the U.S. is permitted.

Nevertheless, the Defendant neglected to do so and got the center line hered and hereded at a place other than the permitted point for U-turns, and had the victim D(65) driving on the part of U.S. Gama, E, GPD125 U.S. driving on the part of U.S. Madropo, the front part of U.S. Mad 125 U.S. driving on the part of U.S. Madro, which was f

After all, the Defendant caused the death of the victim due to the above occupational negligence, namely, the death of the victim from the stone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reporting of a traffic accident (not more than 68 pages for a survey report and investigation records);

1. A corpse death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

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, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Scope of punishment: One month to five years without prison labor;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] general traffic accidents in the range of two types (the death or injury of a traffic accident), the mitigation area (the person subject to special mitigation for April to one year) [including the person subject to special mitigation] the punishment not to be imposed (including the serious efforts to recover damage);

3. The Defendant, while attempting to make an internship in an unreasonable place, caused the death of the victim who was normally going under the traffic signals.

The extent of the fault of the defendant.