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(영문) 수원지방법원 안산지원 2018.08.07 2018고단1763
교통사고처리특례법위반(치사)
Text

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

However, the execution of the sentence 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 a DNA car.

On December 24, 2017, the Defendant driven the above vehicle as a light duty on December 17:55, 2017, and proceeded with one-lane road in front of the village platform of the Dong, which is located in Bosung-gun, Mancheon-gun, Seocheon-do.

In this case, the victim E (the 66 years old) used the behind side of the vehicle stopped to turn to the left on the opposite lane of the defendant's moving direction, and the victim E (the 66 years old) was crossing the road to the right side on the left side of the defendant's moving direction, so in such a case, the driver of the vehicle had a duty of care to protect pedestrians by driving the vehicle at a safe speed and method by driving the signal with a horn, etc. according to the road situation.

Nevertheless, the Defendant neglected to do so and did not find the victim and received the victim from the front part of the above knife, and caused the victim to shock the front knife of the above knife and knife the victim into the village platform in the direction of the defendant's progress.

As a result, the Defendant caused the death of the victim by such occupational negligence at G hospitals located in the Southern Macheon-si F on December 25, 2017 due to brain death (brain escape) at around 04:18,017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, death diagnosis reports, postmortem records, and photographs (such as the corpse status, etc.);

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. In light of weather conditions, road conditions, etc. at the time of an accident on the grounds of sentencing under Article 62(1) of the Criminal Act, the defendant as the defendant will drive safely more.

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