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(영문) 수원지방법원 성남지원 2017.06.29 2017고단681
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years 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 small-sized passenger vehicle with 15 passengers in the Craston.

On January 18, 2017, the Defendant driven the above 06:50 on the 06:10 on the 06:0 on the 06:0 on the 18th day, and proceeded along the two lanes in the direction of the mother market in the direction of the mid-gu Seoul Metropolitan Government.

At the time, it was difficult for a person engaged in driving service to see the speed and the right and the right and the right and the right and the right and the right of the person engaged in driving service.

Nevertheless, the defendant neglected this and did not discover the victim F (80) who crosses the road to the right side from the left side of the defendant's proceeding direction by negligence and did not discover the victim F (80) who crosses the road to the right side, and went beyond the above victim as the front part of the vehicle driving by the defendant.

Ultimately, the Defendant caused the death of the victim in his/her job by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (on-site investigation report);

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to the scene of accidents, on-site photographs, and CCTV images;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was negligent in causing traffic accidents or expanding damage (the special mitigated person] in the mitigated area (the victim from April to one year) (the special mitigated person] of the mitigated area (the decision of sentencing was made), and there was a significant result in the victim's death by negligence (the defendant's decision of sentencing was made), but it is difficult for the defendant to easily expect that the victim will cross the road of the 8-lane line from the new wall to the new wall without permission. Since the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, it would be possible to compensate for some damage.

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