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(영문) 수원지방법원 성남지원 2017.12.22 2017고단2535
교통사고처리특례법위반(치사)
Text

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

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 C and C 3 cargo vehicles.

On May 20, 2017, the defendant got out of the sixth national highways by moving back the Vice Minister of E Distribution from the parallel parallel D around 12:50 on May 20, 2017.

There was a duty of care to prevent accidents in advance by safely driving back the front side and the right and the right of the driver of the vehicle in such a case.

Nevertheless, the Defendant neglected this and shocked the victim F(80) F(3) who was on the right side of the cargo to the right side by the subsequent negligence, and followed the right side of the cargo, and caused the victim to die with a low-blood shock at Yangyang University Hospital, which was located in 153, Guri-si, the transfer fee of which was located at around 19:19 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Considering circumstances, such as the fact that the defendant reflects the wrong, that the vehicle involved in the accident is covered by the comprehensive motor vehicle insurance, that the defendant agreed smoothly with the bereaved family members of the victim, that the defendant lives faithfully without any punishment history after entering the Republic of Korea);

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