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(영문) 수원지방법원 성남지원 2017.02.09 2016고단3711
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 engaging in driving a motor vehicle B or B.

On July 8, 2016, the Defendant driven the above vehicle around 14:40 on July 14, 2016, and led to the village tunnels located in the lower-dong of Seongbuk-gu, Seongbuk-gu, Seowon-do, Seowon-dong, Seowon-do, to the speed of 107km in the direction of the village along the direction of the Do.

At the same time, the restriction speed is 60 km in front of the tunnel exit, and thus, the driver of the vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and failed to discover the victim C (69 ) who passed a bicycle on the right side of the road while driving a limited speed exceeding 47 km per hour, and did not discover a single bicycle on the right side of the road, and had the victim go beyond the floor by receiving the victim's bicycle left side part on the right side of the motor vehicle of the defendant.

As a result, the Defendant had the victim of the above occupational affairs and the room in around 19:54 of the same day, and caused the victim to die by acute bomb, etc. at the subdivision hospital located in 59, Sungnam-gu, Sungnam-si, Sungnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A comprehensive analysis of traffic accidents;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act is against the law, and the defendant has no previous conviction except for the punishment once by a fine in 200

1. An order to attend a course under Article 62-2 of the Criminal Act;

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