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(영문) 수원지방법원 안양지원 2017.11.14 2017고단1624
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a 11.5 ton of a single-use 11.5 ton of a drama.

On July 18, 2017, the Defendant driven the above truck on around 19:50, and got to turn to the left at an insurous speed at the end of the military distribution center in the vicinity of the military distribution center Mdong while driving the three-lane distance in front of the CJ of the military logistics center in the Sinpo-si of Sinpo-si, the Defendant turned to the left at the same end of the military distribution center in the vicinity of the military distribution center.

At the same time, a crosswalk without signal lights was installed, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person to drive the motor vehicle by reducing the speed and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected his duty of care and neglected to do so, and did not see the victim C (at the age of 57) crossing the crosswalk to the right side from the left side of the direction in which the Defendant is driving, and did not proceed as it is, by negligence, the Defendant got the above victim to the right side of the vehicle driving, and had the victim go beyond the road again, and had the victim go beyond the right side of the victim.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victimized person who was transferred to the Ganyang-si Sung-si sexual hospital 170 m22, Ganyang-si, Ganyang-si, Ganyang-si, 16:58 on July 28, 2017, resulting in the death of the victimized person who was receiving medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations given in the sentencing guidelines] - The area of mitigation (from April to one year) in the area of general traffic accidents (the death or injury caused by traffic accidents) - Special mitigations:

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