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(영문) 수원지방법원 안양지원 2018.11.08 2018고단1478
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 car in the CSpo area.

On August 9, 2018, the Defendant made a left turn to the right at the front of the front door of the apartment house in Mapo-si 2-51 in Mapo-si, Mapo-si, Mapo-si, Mapo-si, and entered the entrance of the apartment.

Since there is an intersection where signal lights are installed, all drivers have a duty of care to safely proceed in accordance with the front bank protection and prevent accidents from occurring.

Nevertheless, the defendant, while making a left turn at the red signal, had the victim D (72) crossing the crosswalk from the right side to the left side of the road in front of the passenger car volume of the defendant's vehicle go to the road, and had the victim go to the road, and had the victim go to the road, while he was being treated at the emergency hospital of the Sung-gu University in the Han River University at No. 170-ro 22 of the same day, the victim died from cerebrovassis while being treated by the emergency hospital of the Sung-gu University.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the event of an accident that causes the sentencing of Article 62-2 of the Criminal Act, the defendant's negligence is heavy and the victim dies and the result is very heavy.

However, in full view of the fact that the defendant reflects the defendant's mistake, the victim's bereaved family members are not subject to the punishment of the defendant, there is no record of criminal punishment, and other conditions of sentencing such as the defendant's age, environment, background of the accident, circumstances after the crime, etc., the decision is made as ordered.

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