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(영문) 수원지방법원 안양지원 2016.05.03 2016고단221
교통사고처리특례법위반
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 a motor vehicle B.

On October 31, 2015, the Defendant driven the above car at around 22:20 km, and proceeded at a speed of about 25 km from the upstream of the Sinpo-si bus stops in front of the Sinpo-si bus stops located at the speed of Sinpo-si.

At the time of night, there was a duty of care to prevent accidents in advance, such as reducing speed and checking whether there is a person on the road, etc., for those engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and proceeded without finding out that the victim C(48) was in progress on the road due to negligence, which led to the Defendant’s negligence, and tried to set the front part of the said car as the front part of the said car.

Ultimately, at around 22:44 of the same day by occupational negligence, the Defendant caused the damage to death due to cerebral blood in the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing under the sentencing guidelines] - The area of special mitigation (two months to ten months) for types of general traffic accidents (the death or injury of a traffic accident) - The area of special mitigation (two months to ten months): In cases where the victim was negligent due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including efforts taken to recover damage): - The disadvantageous circumstances arise - The fact that the victim’s death is not subject to punishment (including decisions of sentence): The fact that the defendant recognized his/her mistake and reflects his/her intention; the fact that the defendant was the first offender; the fact that the victim

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