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(영문) 수원지방법원 평택지원 2017.02.16 2017고단46
교통사고처리특례법위반(치사)
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Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Scar.

On October 20, 2016, the Defendant driven the above car at around 17:40, while proceeding the front of the road D at Ansan, at a speed that would not be known to the direction of nurturing the road from the neutical perspective.

At this time, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating and proceeding the steering and brakes according to the progress of the motor vehicle in order to ensure the safety distance with the motor vehicle in front.

Nevertheless, the Defendant neglected to do so and continued to proceed with the Defendant’s car before the Defendant’s passenger car.

F(39) discovered the G-wing-ray freight vehicle from the G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

On October 20, 2016, at the K Hospital located in Pyeongtaek-siJ on 18:35, Oct. 20, 2016, the Defendant caused the death of the victim H due to severe brain damage. On October 20, 2016, the Defendant caused the death of the victim L (43 years) who was on board the wing-in cargo operated by F due to a low blood shock due to the long-term damage to the waste and the part of the uniforms.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each death diagnosis certificate;

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. Determination on the application of the sentencing guidelines in Articles 40 and 50 of the Commercial Concurrent Crimes Act: the scope of the applicable O sentencing guidelines recommended in general.

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