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(영문) 수원지방법원 안양지원 2017.11.14 2017고단1409
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a person who is engaged in driving a car of DMW X6.

On June 23, 2017, the Defendant moved the front of the new engineer distance of the 610-way from the edge of the private park to the shooting distance of the embankment, as it was around 06:50 on June 23, 2017.

Since the bicycle lane and sidewalk are adjacent to each other, in such a case, there was a duty of care to prevent accidents by accurately manipulating the front section and the left and right of the driver of the motor vehicle, and by accurately manipulating the steering system of the motor vehicle.

Nevertheless, the Defendant neglected this and avoided the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty

Ultimately, the Defendant caused the victim’s death by occupational negligence on June 23, 2017, by causing the victim to suffer from diversous shocks, etc. at Hanyang-ro University Sung-si, 170 o-ro 170 o-gu in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, vehicle photographs, F, and CCTV images CDs in the intersection of a new engineer distance;

1. A signal system map and signal system photograph at the scene of an accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations given in the sentencing guidelines] - The area of mitigation (from April to one year) for the type two (accidents resulting from traffic accidents) of the general traffic accidents - Special mitigated person: Unlimited sources of punishment (including efforts to recover from damage) (the decision of sentence] - favorable circumstances: the defendant recognized his/her mistake.

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