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(영문) 수원지방법원 안산지원 2018.03.15 2017고단3188
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a motor vehicle with a d New Zealand-Wood motor vehicle.

On May 9, 2017, the Defendant driven the above car at a speed of about 56 km in the speed of 56 km along the three-lane road in front of the Dong-gu, Seosan City, Seosan-si, Seosan-si, Seoul.

At the time, there was a duty of care to reduce the speed and prevent accidents in advance by properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and proceeded on the road on the right side of the Defendant’s running direction, and received the left side part of the Victim F (F, 74 years old) from the right side of the said vehicle from the Defendant’s driving direction.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence on the 13th 13th 03:24 of the same month at the Asian University Hospital located in Young-gu, Young-gu, Suwon-si, 164.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death diagnosis report or postmortem report;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] The general traffic accident category 2 (Death by Traffic Accidents) [the victim with special mitigation] is negligent due to the occurrence of traffic accidents or the expansion of damage [the decision of sentencing] caused by the instant crime.

However, in consideration of the fact that the defendant's mistake is against the defendant, the occurrence and result of the accident of this case, the fault of the victim is considerable, and the consent is reached with the part of the bereaved family of the victim, etc., the punishment of

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