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(영문) 수원지방법원 안양지원 2017.05.12 2017고단290
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 person who is engaged in driving of BM5 vehicles.

On January 4, 2017, the Defendant driven the said car at a speed of 89 km from the west to Seoul along the two-lanes, along with the three-lane roads in front of the corporate bank, which is located in the 110-lane of the Mangyang-si at the Syang-si.

At the time, there is a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brake system accurately, since the speed of restriction is 60 km a speed of 60 km a speed at the time, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and failed to discover the victim C (55) who was unclaimed on the right side from the left side while moving a speed exceeding 29 km a speed of 29 km per hour, and received the victim's body parts as the front part of the said car.

Ultimately, the Defendant caused the death of the victim due to the pulmonary injury in the Gelim University Sung-gu, No. 170-ro 170, at the Gelim University Sung-si, where he was under the influence of transmission treatment after around 05:34 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Delivery of a comprehensive traffic accident analysis report and the regulations on maximum speed limit;

1. A death certificate;

1. Application of the Acts and subordinate statutes concerning a visual image closure and limited speed photograph of the point of accident;

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 Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of recommendations] - The area of special mitigation (two months to one year) for the types of general traffic accidents (the death of a traffic accident) - The special mitigation person: the victim is also at fault of causing a traffic accident or expanding damage; the victim is not subject to punishment [the decision of sentence] - Unfavorable circumstances: The victim is killed by negligence violating the speed of restriction and causing a traffic accident.

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