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(영문) 수원지방법원 2018.02.08 2017고단7818
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of Bbeer or a car.

On September 29, 2017, the Defendant driven a Vietnamer or a car at around 20:00, and got to turn to the left at the same reservoir by driving a road in front of the Defendant’s home located at Osan City, Osan-si.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and the steering system while keeping the wheel line with the driver.

Nevertheless, the Defendant neglected this and neglected to turn to the right side of the Seo-dong reservoir, which is opposite to that of the Defendant, received the front side of the victim D(41) driving on the upper left side of the set-off reservoir from the Defendant’s left side to the set-off distance from the set-off reservoir.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by causing the victim’s injury to the chest large blood transfusion due to a traffic accident in the course of transmission to the Hanlim University-dong Amsung Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to death certificates;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, Type 2 (Death of Traffic Accidents) [the person subject to special sentencing] no penalty (the scope of the recommended punishment], the area of mitigation of the punishment, April to one year without prison labor;

3. The following circumstances and the defendant's age, family relation, sex, environment, motive and circumstance of the crime:

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