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(영문) 수원지방법원 안양지원 2017.06.22 2017고단404
교통사고처리특례법위반(치사)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Scar.

On November 30, 2016, the Defendant driven the above car at a speed of 07:00, and proceeded at a speed of about 60 km in the speed of 10 km, one of the four-lanes from the shooting distance of the military elementary school at the Gunpo-si of 223 Sinpo-si, Sinpo-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, due to the negligence of neglecting this, the defendant got the body of the victim D ( South, 75 years old) crossing the road from the right side of the defendant's proceeding to the left side, and caused the victim's death from the F hospital located in 08:23 Sinpo-si E on the same day to the eropo-car of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes, such as site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense.

1. A fine of five million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the suspended sentence (see, e.g., Supreme Court Decision 2007Do1488, Apr. 2, 2007; 2008Do1448, Feb. 22, 2008) (see, 2008Do1134, Feb. 2, 2008)

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