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(영문) 수원지방법원 안양지원 2018.07.17 2018고단141
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Dsch Rexton car.

On October 1, 2017, around 09:3, the Defendant parked the said car at the Dong-dong Seoul Grand-dong Seoul Metropolitan City Macheon-gu Mancheon-gu parking lot.

In such a case, there was a duty of care to prevent the occurrence of an accident by preventing the vehicle from leaving the driver's seat and accurately manipulating the brakes with the driver's seat while leaving the driver's seat, and preventing the vehicle from leaving the driver's seat below the driver's seat.

Nevertheless, the Defendant neglected this and instead parked the vehicle boom while driving the boom, and caused the Defendant to shock the victim F(3) of the vehicle f, which is placed behind the boom of the E string string, parked down to the lower boom of the boom of the E string string, parked down to the lower boom.

Ultimately, the Defendant caused the victim to die by occupational negligence as a result, such as cerebral injury at the Ganyang-si, Ganyang-si, Ganyang-si, 170 o-ro 170, inter alia, around October 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. Statement made by the police with regard to G and H;

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

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of the recommended punishment on the sentencing guidelines: The basic area (from August to two years) of the types of general traffic accidents (Death or injury caused by traffic accidents) shall be limited to eight months to two years (the scope of the recommended punishment) of imprisonment without prison labor;

2. Determination of sentence: One year of imprisonment without prison labor - A favorable normal condition: A reflective one; A unfavorable condition: The fact that the result of the death of the victim has occurred and that there has been no agreement with the victim;

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