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(영문) 수원지방법원 안산지원 2017.10.19 2017고단2385
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CPoter 2.

On May 31, 2017, the Defendant driven the above cargo vehicle around 09:34, and proceeded to turn to the left from the ec.g., the ec., the 286 front apartment street intersection to the ec., the Silified Corporation.

In this case, the defendant engaged in driving service has a duty of care to properly see 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

Nevertheless, the Defendant neglected this and proceeded by negligence, and received the victim D (the age of 81) who walked on the crosswalk from the right side of the course to the left side of the crosswalk, who was driven by the Defendant.

Ultimately, at around 00:55 on June 2, 2017, the Defendant’s occupational negligence caused the death of the victimized person who was receiving after-the-counter treatment at a university hospital in the Asia-si, Young-si, Suwon-si, 164 (U.S. 5 on June 2, 2017) due to brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of death of D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on site photographs, on-site photographs, and CCTV images photographs;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] [the scope of punishment] under Article 62(1) of the Act on the Suspension of Execution where there is a substantial fault for the occurrence of traffic accidents or the expansion of damage to the victim in the area of special mitigation (two to one year) [the victim] under Article 62(2) of the Act on the Suspension of Execution [the case where there is a substantial fault for the occurrence of traffic accidents or the occurrence of damage, the victim is not subject to punishment (including a serious effort for recovery of damage] [the decision of sentence] under Article 62(1)

However, the defendant's mistake is recognized.

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