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(영문) 수원지방법원 평택지원 2017.09.07 2017고단950
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of a low-priced car.

On March 13, 2017, the Defendant proceeded at the right angle from the north side to the right angle of the road of one lane in front of the C in Ansan City on March 13, 2017.

At this point, there has been authorization in the vicinity and there has not been a sidewalk, so there has been duty of care to prevent accidents in advance by driving a motor vehicle safely.

Nevertheless, the defendant neglected this and got the body part of the victim D (84) who was walking in the same direction at the right edge of the defendant's front side by negligence, and caused the defendant to go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence from the hospital affiliated with a single university, which was located in 201, south-gu, South-gu, South-gu, East-gu, in the direction of the network on March 23, 2017, to the part of a multilateral institution during the follow-up treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is the result of the death of the victim, but the negligence of the victim, among one lane without extradition, has contributed to the occurrence of the accident, the comprehensive motor vehicle insurance was purchased, the agreement between the victim and his/her bereaved family members was reached, and no criminal record was made.

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