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(영문) 수원지방법원 성남지원 2018.10.25 2018고단1910
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On May 4, 2018, the Defendant driven the said car at around 13:35, while driving the said car and driving a side road in front of the “D main shop” located in the Hanam-si, and subsequently moving back again after driving a vehicle to park.

There is no distinction between India and the roadway, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering gear and safely driving the steering gear for the driver of the vehicle.

Nevertheless, the defendant was parked on the left-hand side due to the negligence that led to a sudden progress in the process of moving back.

E The first shock of the E Spo-type car, continuing to stop without stopping, making it difficult to avoid the victim H (e.g., age 71) who walked in front of the G Child Care Center in the Hanam City F, and shocked into the front right side of the said franchise.

Ultimately, the Defendant caused the victim’s death by occupational negligence at around 15:50 on the same day, such as an exposure shock, which caused a traffic accident at the Gandong-dong University Hospital located in Gangdong-gu, Gangdong-gu, Seoul Metropolitan Government (hereinafter referred to as Gangdong-gu).

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

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 Sentencing of Article 62(1) of the Criminal Act is heavy in view of the fact that a serious consequence of the death of the victim was caused by the negligence of the defendant for the reason of sentencing.

However, there are cases where the defendant is against the defendant, the victim's bereaved family members and the first offender, the situation of the accident, the background of the accident, and other circumstances such as the defendant's age, environment, sexual conduct, motive and means of the crime, and the situation after the crime.

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