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(영문) 수원지방법원 성남지원 2021.01.19 2020고단3793
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of Bchip motor vehicles.

On August 27, 2020, the Defendant driven the above car at around 09:18, and proceeded at approximately 96km/h speed from the Seoul Myeonk-do to the Seoul Myeonk-do, in accordance with the length of 17.9km Seoul Highway Seoul, which is about 17.9km, at the same time as the Sinnam-si, the Sinnam-si, the Sinnam-si, and the length of 17.9km at the same time.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the steering gear and steering the steering gear in a correct manner.

Nevertheless, the Defendant neglected to do so and got the victim D ( South, 39 years old) who was placed adjacent to the C Radon car stopped in the front direction of the course due to the negligence of the Defendant.

Ultimately, the Defendant caused the death of a victim by occupational negligence immediately after the accident.

Summary of Evidence

1. Application of statutes to the defendant's legal statement of traffic accident reports (on-site investigation records), on-site photographs, victim photographs, body death records (on-site investigation records 31 pages), traffic accident EDR analysis records;

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 scope of the applicable sentencing under the Act on the Reasons for the Suspension of Execution under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below): The scope of the recommended sentencing according to the sentencing guidelines for January through five years of imprisonment without prison labor / [the type 2] the general traffic accident occurrence element / [the scope of the recommended sentencing person] the mitigated element for the death of traffic accident: the mitigated area of the [the scope of the recommended and recommended punishment] the mitigated area of the mitigated area of the punishment [the scope of the recommended area and recommended punishment] the mitigated area of the imprisonment without prison labor / April to one year [the general sentencing person] the mitigated element of the comprehensive motor vehicle insurance : the main reason for affirming the subscription [the reason for the suspended sentence] of the comprehensive motor vehicle insurance: the person who has not

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