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(영문) 수원지방법원 안산지원 2018.05.09 2018고단902
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 engaged in driving D 1.9 tons of truck.

On December 22, 2017, the Defendant driven the above truck around 05:25 on December 22, 2017, and tried to drive the two-lane road in front of the F-Do in E at Silung City, with a speed of about 40 km from the direction of the Marina-dong community service center in the direction of the Marina-dong.

At this point, on-and-off lights are installed, and crosswalks are located in the front direction of the defendant's proceeding, so there was a duty of care to prevent accidents by checking the safety of pedestrians crossing the road and safely driving the road by reducing speed and by properly examining the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and led to the negligence of proceeding on the right side of the course, brought about the left side of the victim G (G, leisure, age 76) crossing the road on the left side of the course, with the front part of the said truck.

Ultimately, the Defendant caused the victim to die due to such occupational negligence as above, around 06:05 on the same day, at 774, Namdong-gu, Incheon, Namdong-gu, Incheon, and 21, Dongcheon-gu, Incheon, to death due to cerebral cerebral cerebral typhism, dubation, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Efagating CCTV images;

1. Application of Acts and subordinate statutes to death certificates;

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. In light of the reasons for sentencing under Article 62-2 of the Criminal Act, in light of the background and outcome of the instant accident, the criminal liability is nonexistent; however, considering the fact that the Defendant led to confession and reflect by the Defendant, and that the Defendant did not have any criminal record exceeding the fine, the circumstances favorable to the Defendant, such as the Defendant’s age, sex, family relationship, and circumstances after the commission of the crime, the punishment as ordered shall be determined by comprehensively taking account of all the circumstances

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