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(영문) 수원지방법원 여주지원 2019.02.20 2018고단1232
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

around 19:10 on October 7, 2018, the Defendant driven a car with B Gucas, while driving a car in the Gucas, from the 119 Safety Center to the E Association, the front of D in the Gucina City.

At the time, since the road was at night and the passage of people is frequent, in such a case, the driver of the motor vehicle has a duty of care to keep the accident from the failure of accident by driving the motor vehicle at night, driving on the right and the right and the right and the right and the right and accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while neglecting the above duty of care, found the Victim F (the age of 49) who was seated on the road on the bend before the bend due to negligence, was immediately found and operated, but was shocked by the part of the Defendant’s vehicle in front.

Ultimately, at around 07:40 on October 8, 2018, the Defendant caused the victim’s death by occupational negligence, from the H hospital located G in the prime city of nuclear power, the Defendant caused the death of the victim by the satisfic shock caused by the right satisf and the satisfic shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Reports on occurrence of traffic accidents and reports on the occurrence of traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Scope of punishment: One month to one year without prison labor;

2. The scope of sentences recommended on the sentencing guidelines [the scope of recommendations] general traffic accidents in the range of general traffic accidents in the category II (the death of traffic accidents) and the area of special mitigation (two to one year) (the special mitigation) (including the case of special mitigation) where there is substantial negligence in the occurrence of traffic accidents or the expansion of damage, non-exclusive measures for punishment (including serious efforts to recover damage);

3. There was a circumstance that the victim was seated at the one-way road where delivery is installed on the left and right, but the place of the accident is straight.

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