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(영문) 수원지방법원 평택지원 2016.07.13 2016고단781
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 9, 2015, the Defendant driven the above vehicle at around 18:30 on November 18, 2015, and led to the driving of the road in front of the E cafeteria in Pyeongtaek-si D in the direction of Dongcheon-ri at the right side of the enclosed.

At this point, there is a road without delivery or a place where people walk along the right edge, so in such a case, there was a duty of care to prevent accidents by safely driving the steering gear and brakes by reducing speed and properly operating the steering gear and brakes, etc. in advance.

Nevertheless, the Defendant neglected this and found the Victim F (85) who walked along the right side of the Defendant’s road due to occupational negligence that did not live well at the front, and did not immediately stop, but did not stop the Defendant, and the victim’s streke part before the front side of the truck, and strekeed the victim into the floor, thereby causing the victim to suffer from streaking streaking streak, and thereby resulting in the death of the injured person being treated in G hospital at around January 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A report on the actual condition of traffic accidents, and a report on the occurrence status;

1. Each site and photograph of a dead person;

1. Application of Acts and subordinate statutes of a death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Determination of type: Death or injury of a traffic accident among the groups of ordinary traffic accidents;

1. Special sentencing factors: Ineligible factors for punishment;

1. Scope of recommended punishment: April to one year of a credit cooperative;

1. A suspended sentence: positive - not punishable, and social.

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