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(영문) 수원지방법원 2018.01.31 2017고단7716
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 cargo vehicle of one ton in B.

On September 30, 2017, the Defendant driven the above cargo vehicle around 06:00, and driven the road from the 80th to the 000 wing side on the 595 side of the wife population.

At the same time, the victim C(69) was closed at the front of the road, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering devices while living well on the front left and right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and had the victim, who was on the back of the entrance entrance of the cargo vehicle in front of the Defendant’s driving, get the victim to go beyond the road by being installed on the front of the entrance.

Ultimately, the Defendant caused the victim’s death by occupational negligence on October 4, 2017, at the Aju University Hospital located in Young-si, Young-si, Young-si, Young-si, 164, due to brain paralysis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs, and death certificate;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is unfavorable to the reasons for the sentencing (the favorable circumstances among the reasons for sentencing) - the serious consequence of the death of the victim of the instant accident occurred. The favorable circumstances - the defendant recognized all criminal facts. The victim agreed with the bereaved family of the victim. - The victim was driving on the road without any safety indication, and was working on the road, and the defendant could not be seen as the victim of the instant accident. The victim’s negligence in the instant accident was also partly taken into account. The defendant was also the victim of the instant accident.

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