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(영문) 수원지방법원 평택지원 2017.04.27 2016고단2489
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

On May 24, 2016, the Defendant driven the above cargo vehicle around 09:15, and continued the front of the D road at the time of Ansan, from the long-distance flooding plane, to the bewing mountain path.

At the time, since it is difficult to secure a large amount of vision, there was a duty of care to look closely at the front and right and the right and the right of the driver and to prevent the accident by accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeded on the road at this time, and caused the damage to the victim E (the remaining, 83 years old) who crosses the road in the direction of the storm in the front line, by shocking the face of the victim E (the 83 years old) to the front part of the cargo driver’s seat on the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence in G convalescent G convalescent, which was located in Suwon-si F, Suwon-si, which was being treated at around 10:3 on January 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report, diagnosis report, and death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing] [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing as set forth below] where the victim was negligent in causing traffic accidents or expanding damage (the decision of sentencing) in the mitigated area (4-1 to 1 year) of the Act on the Suspension of General Traffic Accidents [the case where the victim was negligent in causing traffic accidents or causing damage (the decision of sentencing was made], there was a serious result of the victim's death at the time of the accident, and the victim was getting off without permission from the opposite line even if the crosswalk was not far away, and the victim could have influenced the expansion of damage.

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