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(영문) 수원지방법원 안산지원 2017.09.28 2017고단2107
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by obtaining a franchise.

On March 15, 2017, the Defendant driven the above car on March 15, 2017, and drive the car at a point 14.5km (In Incheon direction) in the Dong-dong-dong, Dong-dong, Dong-dong, Dong-si, Dong-si, Dong-si, a member in Ansan-si, at a speed of about 159 km per hour from the direction of Gangwon-do to the direction of Incheon.

At night, the speed of 100 km per hour is set at the speed of 100 km, so the Defendant had a duty of care to live the front door well and to prevent the accident by driving while complying with the speed of restriction.

Nevertheless, the Defendant neglected to stop at a speed exceeding 59 km per hour while stopping a truck near the center of the Highway at the time, and found the victim E (50 years old, south) who was living in the situation of the truck late later, and caused the death of the victim by “cerebral blood,” etc. on the spot.

Summary of Evidence

1. Statement by the defendant in court;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents and investigation reports (states and results of appraisal);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of recommended punishment] The sentence like the order shall be determined by taking into account the following factors: (a) the mitigation area of the two types of traffic accidents (in the case of traffic accidents), (b) the mitigation area (in April to one year); (c) the punishment of a person who is not subject to special mitigation [including efforts to recover damage] (in the case of a person who has been sentenced] the defendant's wrong decision], and (d)

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