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(영문) 수원지방법원 안양지원 2018.06.26 2018고단455
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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 B 25.5 tons dump truck.

On February 1, 2018, the Defendant driven the above truck on around 16:30, and got D to turn to the left in order to turn to D while driving the front road located in Ansan-gu C at Anyang-si, Annyang-si, Annyang-gu, Annsan-gu, Annsan-do, Annsan-do, Annsan-do.

Since there is a place where a person walk, in such a case, a person engaged in driving a motor vehicle has a duty of care to live well in the front door and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and did not discover the victim E (69) walking on the right side from the left side by negligence and did not discover it, and received it as the fronter of the above truck and exceeded the ground.

Ultimately, the Defendant caused the death of the victim by occupational negligence on February 10, 2018, at the Sungsung Hospital of the Korea National University, due to cerebral blood transfusion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to one death diagnosis report on the scene of a traffic accident after taking a CCTV image course and taking a photograph;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: April to one year (the scope of the recommended punishment) from the credit cooperative (the scope of the recommended punishment) in the mitigated area (the person who has been specially mitigated for April to one year) (including the person who has been specially mitigated) in the mitigated area (the person who has made efforts to recover damage);

2. Determination of sentence: Suspension of execution for August of a credit cooperative - favorable circumstances: The fact that the sentence is half of the period of suspension of execution for August of a credit cooperative - the fact that there is an agreement with the bereaved family members of the victim, the first offender, and the fact that the victim’s death has

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