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(영문) 수원지방법원 평택지원 2018.11.30 2018고단1105
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 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 a DN car.

On March 28, 2018, the Defendant proceeded at approximately 58.46 km from the right side of the night to the 3rd west of the 175-10 way of the letter, which is located in the north-ri 175-10 north-ri, in parallel with the speed of 58.46 km from the right side of the night.

At the time, it was difficult for the driver to see the road at night, and there was no street lamps around the road, and there was a duty of care to safely drive the road by reducing the speed and maintaining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Nevertheless, the Defendant neglected this and did not look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in G hospital located in the 21:03 Osan-si F on the same day due to the symptoms of serious brain damage caused by the ductal dys of the therapy.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Sending a comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes to a report on investigation (related to changing the speed of an accident site);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing of Article 62(1)(the following favorable circumstances) of the Criminal Act on the suspended sentence [the scope of recommendation] is not subject to punishment (the imprisonment without prison labor for not less than four months to one year) in the mitigated area (the death or injury caused by a traffic accident) (the imprisonment without prison labor for not less than four months to one year).

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