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(영문) 수원지방법원 안산지원 2020.06.10 2020고단840
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 23, 2020, at around 23:05, the Defendant came to turn to the left at the direction of D Middle School from C to the one way in the direction of C, along the cross-road crossing of the circular streets near the 1163-U.S. 1 Park in Ansan-si, Sinsan-si, 1163.

In this case, the driver has a duty of care to safely operate the steering gear by accurately manipulating the steering gear and operating the steering gear in the opposite part by reducing the speed or temporarily stopping the operation of the vehicle.

Nevertheless, the Defendant neglected this and proceeded to the left without ascertaining the traffic situation of the front side, and caused the collision between the front part of the victim E(E, 58 years old) with the driving of the FW125 FWW 125 FW 125-wheeled vehicle and the part after the right side of the Defendant’s driver’s car.

Ultimately, at around 23:30 on the same day, the Defendant caused the victim’s death by occupational negligence due to the divessis and cardiopulmonary suspension in the H Hospital emergency room located in Ansan-si G in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accident (i.e., statement of actual condition investigation);

1. A corpse of corpse;

1. Application of Acts and subordinate statutes governing accident 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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. Determination of sentence;

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