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(영문) 수원지방법원 안양지원 2018.01.12 2017고단1960
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving vehicles collecting foul waste B.

On March 22, 2017, the Defendant driven the above vehicle at around 11:56, while driving the vehicle, which led to the flow of the exclusive lane in front of the Mayang-gu C in the direction of the right side of the right side to the direction of the name of the light from the direction of the right side of the right side.

At that time, the Defendant, prior to the same direction, was followed by a bicycle driven by the victim D(90), and in such a case, the Defendant had a duty of care to care in preventing accidents by accurately manipulating the steering and steering gear and accurately.

Nevertheless, the defendant did not properly examine the progress of the bicycle and got the victim to go beyond the ground by taking the above bicycle back to the right side of the above vehicle by negligence.

Ultimately, the Defendant by occupational negligence caused the death of the victim due to cerebral cerebral ties at the Hanyang-ro, No. 170-ro 170, at the Hanyang-si, where he was under the influence of transmission after around 22:50 on July 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A death diagnosis certificate (the 17th time);

1. Application of relevant Acts and subordinate statutes, such as site;

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 Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of sentencing guidelines] - In the mitigated area of the two types of general traffic accidents (accidents by traffic accidents), - Special mitigated person: In the case of a person who is not subject to punishment [the decision of sentence] - Unfavorable circumstances: Death of a victim. A more severe result occurs. - A favorable normal circumstance: the defendant recognizes the crime and reflects, the victim’s bereaved family does not want the defendant’s punishment, and the defendant has no criminal conviction or heavier than imprisonment without prison labor.

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