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(영문) 수원지방법원 여주지원 2018.07.04 2018고단464
교통사고처리특례법위반(치사)
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

On March 27, 2018, the Defendant driven a road near the two-lanes in the ri-gun, Chungcheongnam-gun, Chungcheongnam-gun, Nam-gun, Nam-gun, the Sinju City around March 13:35, 2018, and tried to turn to the left at a new scrapping distance from the direction of the ri-gun.

Since there are no left-hand turn signs at all places, in such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by preventing accidents from hindering the vehicle coming from the opposite side of the proceeding.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the intersection, and received the left-hand part of the front-hand part of the cargo vehicle of the victim D(57) E-Poter in the opposite direction, which is going to the right-hand part of the above car truck, from the opposite direction.

Ultimately, the Defendant caused the victim's death in the workplace due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. An accident scene photograph;

1. A death certificate and a photograph of the corpse;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to capture images of the skin vehicle;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: One month to five years without prison labor;

2. The scope of the sentence recommended on the sentencing guidelines [the scope of the recommended sentence] general traffic accidents in the range of two types (the death or injury of a traffic accident), the mitigation area (the person subject to special mitigation for April to one year) [including the person subject to serious efforts to recover damage] the punishment is not suspended (including the person subject to special mitigation);

3. The fault of the defendant in the decision of sentencing led to an influence of the victim's death.

(b).

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