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(영문) 수원지방법원 평택지원 2018.04.26 2017고단2309
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of C11 tons or cargo vehicles.

On October 14, 2017, the Defendant driven the above cargo vehicle around 14:34, and led to the two-lanes of the two-lanes of the two-lanes at the speed of 9.6km from the Sinung-si, the dup-ro, the dup-ro, the dup-ro, the dup-ro, the dup-ro, the dup-ro, the dup-ro, the dup-ro, the dup-ro, the dup-ro,

In this case, there was a duty of care to prevent accidents by putting a person engaged in driving of a motor vehicle on the front side and right side and accurately manipulating the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected his/her bridge, etc., and caused the victim D(49) who was outside the road on the right side of the running direction of the Defendant, which was equipped with a vehicle on the side of the road in the direction of the Defendant.

The Defendant caused the death of the victimized person due to the above occupational negligence due to the cardiopulmonary suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing CCTVs, such as a traffic accident fact-finding report, on-site photo, death certificate, autopsy report, autopsy report, internal investigation report, and CCTV image CD;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- The occurrence of a serious consequence of the death of the victim due to the instant traffic accident, provided that the defendant has agreed with the bereaved family member. - The defendant has no record of criminal punishment other than a fine once. - The defendant is against his mistake.

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