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(영문) 수원지방법원 안산지원 2016.10.21 2016고단3549
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the operation of B B B wing wing Franchis.

On July 20, 2016, the Defendant driven the above cargo vehicle at a speed of 40-50 kilometers a speed of 40-50 kilometers a speed of 40-50 kilometers a speed of 50 kilometers a speed from the Korean Cable to 615 Do road, which is located in 326 as the 326 Do road.

Since there is a long distance intersection, a person engaged in driving of a motor vehicle has a duty of care to safely drive by accurately manipulating the steering direction and operation of the intersection through temporary suspension or slowly driving prior to entry.

Nevertheless, the above part of the front part of the DCA 110 Oba, which is driven by the victim C, driving on the right side from the left side of the running direction of the defendant due to the negligence of neglecting the defendant, was received as side of the above cargo driver's seat of the defendant.

Ultimately, at around 17:01 on July 20, 201, the Defendant caused the victim’s death by occupational negligence due to the cerebral mathy caused by the dynasium 5-15 (Seakdong), which was located in the 5-15 (Seakdong), from the Jinina comprehensive hospital located in the Jina-si, Jin-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Photographs, shotos or photographs;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Type II (Death, etc. caused by Traffic Accidents) (4 to one year) mitigation area (including specially mitigated persons), punishment or non-compensation areas (including serious efforts to recover from damage);

2. The age, character, character and environment of the defendant that is contrary to the decision of sentence, the bereaved family of the victim does not want punishment, and the death of the first offender has occurred.

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