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(영문) 수원지방법원 안양지원 2018.02.09 2017고단953
특정범죄가중처벌등에관한법률위반(도주차량)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a village bus.

On November 30, 2016, the Defendant driven the above village bus around 22:46, and proceeded at a speed of 54 to 57km each hour, depending on three lanes of the 4rd parallel map, from the center of the Shicheon-si, Ancheon-do to the shooting distance of the straight line.

At night, as a person engaged in driving of a motor vehicle was at night, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system and accurately.

Nevertheless, the Defendant neglected to go on the front side of the road in the direction of the Defendant's proceeding by his negligence and caused the death of the victim E (n, 54 years old) who was under the influence of alcohol on the front side of the village bus at the front side of the village bus, leading the victim to the death of the victim at the Hannam University Sung-gu, 170-ro 22, a 23:24 in the inside city of the same day during the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An autopsy appraisal report and a traffic accident analysis appraisal report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to CD-related CCTV video data and village bus video data;

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 suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing under the sentencing guidelines] - The area of special mitigation (two months to one year) for types of general traffic accidents (the death or injury of a traffic accident) - In the area of special mitigation (two months to one year): When the victim was at considerable fault in the occurrence of a traffic accident, the victim is not guilty (the decision of sentence): An unfavorable circumstance: death accident: The defendant is recognized to be erroneous and reflect: the victim's bereaved family members do not want to be punished; the victim was under the influence of alcohol on the road while crossing the road without permission; the victim's negligence is not significant.

1. The defendant is guilty of the facts charged.

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