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(영문) 수원지방법원 평택지원 2019.09.20 2019고단568
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On January 4, 2018, at around 10:30, the Defendant driven B 26.5 tons of freight on the road at the intersection of the Yellow-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and continued to turn to the left from the LiIC on the left.

Since there was a three-distance where signal lights are installed, the driver of a motor vehicle has a duty of care to properly see the front left, and to prevent the accident by accurately manipulating the steering gear and the steering gear in accordance with the signal signal, and even though there was a duty of care to prevent the accident, the defendant's negligence of violating the signal of the front right and the left-hand turn from the right-hand line to the right-hand line of the victim D (28 years old) driver's EXF car driving from the right-hand line to the right-hand line.

Ultimately, due to the above occupational negligence, the Defendant immediately caused the victim to die due to the diversity damage, etc. at the scene.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A corpse of corpse;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to photograph Gbox images

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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. According to the decision of sentence, the sentencing factors as above, the Defendant’s age, character and conduct, environment, result of the crime, circumstances after the crime, etc., shall be determined by comprehensively taking account of the various sentencing conditions in Article 51 of the Criminal Act as stated in the records of the instant case.

Sentencing elements: The defendant's mistake is recognized, and the defendant is driving.

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