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(영문) 수원지방법원 2017.11.15 2017고단5898

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a person who is engaged in driving a CM7 car.

On June 28, 2017, the Defendant driven the above car at around 08:02, and proceeded at about 40 km in the speed of the city, depending on the three-distance (the bottom of the national highway on 82 occasions) located in the Haak-ri 1180-5 in the Haak-ri Haak-ri-ri, Haak-ri (82 times) in the direction of Dencheon-ri in the direction of Dencheon-ri.

Since the place is a three-distance intersection without signal, the defendant engaged in driving service has a duty of care to safely drive the steering and steering gear by reducing the speed and properly manipulating the steering and steering gear.

Nevertheless, the Defendant neglected to do so and got left by entering the right side of the road from the left side of the defendant's running direction to the right side of the road by the defendant's negligence (if so, the victim D (79 S) who was driving the road to the right side of the driver's license, and got the victim into the front part of the driver's license.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, such as cerebral cerebrovassis and cerebral cerebral injury, etc. at the Aju University Hospital located in 164, Suwon-si, Suwon-si, Suwon-si, 15:05 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, and death diagnosis reports;

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. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances in light of the reasons for sentencing) - the severe consequence of the death of the victim has occurred. The favorable circumstances - the defendant recognizes all the criminal facts. - The defendant does not have any history of punishment. - The victim’s side does not become subject to the punishment any longer by mutual consent with the bereaved family members of the victim. All the circumstances revealed in the trial process.