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(영문) 수원지방법원 안양지원 2018.04.25 2017고단2384

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a sports vehicle B.

On October 14, 2017, the Defendant driven the above vehicle at around 06:05, and driven the Jinju road at the Gangnam-dong of Jinju along the two-lanes from the distance of statistical office building to the Jinju teacher distance.

At the time, there was a two-lane road where a sidewalk for pedestrian traffic was installed on the right side of the road. Therefore, a driver of a motor vehicle had a duty of care to reduce speed and safely drive the motor vehicle by checking well the right and the right of the road, and to accurately manipulate the brake system so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and found the victim C (18 years old) back to the left-hand side by his negligence, and caused the victim's death in the middle of a university hospital in Jinju-si, Gangnam-ro 79 on October 21, 2017, by taking the body of the victim from the front part of the vehicle driving by the Defendant, and making the victim go beyond the ground.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to accident scene and vehicle 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 suspended sentence of the Criminal Act (the sentencing is more favorable) provides that the sentencing of the victim by negligence of the defendant resulted in a serious consequence leading to the death of the victim due to the negligence of the defendant. However, the defendant's mistake is recognized, and the comprehensive motor vehicle insurance is recognized, and there is no other criminal record such as the same criminal record in addition to the one-time fine, and the victim is negligent in the occurrence of the accident, and the victim's bereaved family does not want the punishment against the defendant, and the victim's age is the defendant.