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(영문) 수원지방법원 2017.09.19 2017고단4287
교통사고처리특례법위반(치사)
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

On May 26, 2017, the Defendant: (a) was a person engaged in the business of a car 25 passenger transport vehicle; (b) was negligent in failing to see the front section of the second line in front of the exhibition hall in front of the second line in front of the second line in front of the exhibition hall in front of the second line in front of the second line in front of the front line in front of the passenger transport 1462, and failing to accurately operate steering and operating the steering gear at the front line; and (c) caused the death of the victim D (69C) driving on the second line in front of the passenger transport 25 in front of the passenger transport 12:14 on the same day by taking advantage of the front part of the passenger transport 12:14 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. The screen of a CCTV image closure;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, Type 2 (Death of Traffic Accidents) [the person subject to special sentencing] no penalty (the scope of the recommended punishment], the area of mitigation of the punishment, April to one year without prison labor;

3. Determination of sentence: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and background of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, Defendant’s driving vehicles are covered by a comprehensive motor vehicle insurance, Defendant agreed to have a mutual agreement with the victim’s bereaved family members, and Defendant was punished once by a fine for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in 197.

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