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(영문) 수원지방법원 안양지원 2017.04.21 2017고단317
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

The defendant is engaged in driving cars B, but is engaged in driving cars.

On January 20, 2017, the Defendant driven the above vans around 23:46, and led the Defendant to drive a three-lane road in front of the exit of 750 Simpo-Gun military prisoners of war at about 30 to 40km from the breadth of Simpo-Gun to the breadth of Simpo-Gun.

At the time of night, there was a duty of care to reduce the speed and to prevent accidents by safely driving a motor vehicle driving by making it possible to see the right and the right and the right of the road.

Nevertheless, the defendant neglected this and did not discover the victim C(43) crossing the road from the right side to the left side due to the negligence of proceeding, and did not discover the victim C(43) and had the victim go beyond the ground.

Ultimately, the Defendant caused the death of the victim at an emergency room of the Kug University Hospital Hospital in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si on January 21, 2017 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes on the list of visual photographs and the list of photographs;

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. Article 62(1) of the Act on the Suspension of Execution (the following sentencing conditions are favorable) of the Criminal Act takes full account of [the scope of recommended sentences according to the sentencing guidelines] - Special mitigation Area (two months to one year from imprisonment without prison labor) for the type of general traffic accidents (the death of a traffic accident) - Special Mitigation Area (the death of a traffic accident) - When the victim was at considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to suspended sentence for two years from imprisonment without prison labor [the decision of a sentence] for eight months - Unfavorable normal circumstances that are disadvantageous: the result of a crime is significant - normal conditions favorable

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